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THE  PROBLEM  OF  THE  IMMIGRANT 


I 


THE  PKOBLEM  OF  THE 


IMMIGEANT 

A  BRIEF  DISCUSSION,  WITH  A  SUMMARY  OF  CONDITIONS, 
LAWS,  AND  REGULATIONS  GOVERNING  THE  MOVEMENT 
OF  POPULATION  TO  AND  FROM 
THE  BRITISH  EMPIRE,  UNITED  STATES,  FRANCE,  BELGIUM, 
SWITZERLAND,  GERMANY,  ITALY,  AUSTRIA-HUNGARY, 
SPAIN,  PORTUGAL,  NETHERLANDS,  DENMARK, 
SCANDINAVIA    AND  RUSSIA 


BY  ^ 

JAMES  DAVENPORT  WHELPLEY 


NEW  YORK 

E.  P.  DUTTON  &  CO. 

31  WEST  TWENTY-THIRD  STREET 


PREFACE 


During  a  year  spent  in  studying  emigration  and 
immigration  conditions  in  thirteen  countries  of  Europe, 
it  became  necessary  to  familiarize  myself  wdth  the 
situation  in  each  country,  so  far  as  was  practicable. 
It  was  found  most  difficult  to  get  together  the  data 
required.  Many  different  languages  were  involved, 
and  the  laws  and  regulations  in  some  of  the  countries 
were  contained  in  widely  scattered  statutes,  Govern- 
ment decrees,  and  police  regulations.  In  many 
instances  it  was  only  through  the  courtesy  and  disin- 
terested kindness  of  Government  officials.  Ambassadors, 
attaches  of  Embassies,  and  consular  representatives, 
that  it  was  made  possible  to  secure  an  intelligent  idea 
of  the  situation.  To  these  gentlemen,  and  to  others 
who  were  most  kind,  I  wish  to  express  my  appreciation 
and  obligation.  Believing  that  some  of  the  data  would 
be  of  value  to  the  many  now  interested  in  these  topics, 
and,  indeed,  even  necessary  for  an  understanding  of 
the  international  situation,  and  knowing  of  no  work 
containing  the  same,  I  have  ventured  to  gather  in  book 
form  some  of  the  material  secured,  which  I  hope  will 
prove  useful  to  those  who  arc  called  upon  to  legislate, 
discuss,  or  write  upon  the  subject.    At  least,  this  has 


vi 


PREFACE 


been  the  object  in  view,  and  I  trust  the  effort  has  not 
been  in  vain.  No  pretence  is  made  that  the  discussion 
and  data  presented  begin  to  cover  the  great  field 
offered  in  the  subject  treated,  nor  is  it  intended  that 
the  volume  should  be  considered  as  a  technical  law- 
book, for  the  legal  phase  is  merely  outlined  in  the 
attempt  to  give  some  information  as  to  the  character 
of  legislation  now  in  force  or  under  consideration. 

JAMES  davenport'  WHELPLEY. 

London, 

February  13,  1905. 


CONTENTS 

CHAPTEB  PAGlt 

L   Introduction   1 

II.  Emigration  an  International  Affauc      ....  5 

Ul.  Immigration  and  Emigration  Laws  of  Europe      .      .  22 

IV.    The  United  Kingdosi   41 

V.  The  British  Colonies   59 

VI.  The  United  States   80 

Vn.    The  United  States  (continued)   101 

VIII.   The  United  States  {concluded)   120 

IX.   France   143 

X.   Belgium   156 

XI.   Switzerland   177 

Xn.   Germany   207 

XIII.  IT.VLY   234 

XIV.  Austria-Hungary   245 

XV.  Sp.\in   273 

XVI.  Portugal   277 

XVII.   The  Netherlands   279 

XVIII.   Denmark   281 

XIX.   Scandinavia   285 

XX.   Russia   287 


THE  PROBLEM  OF  THE 
IMMIGRANT 


CHAPTER  I 

INTRODUCTION 

Out  of  the  remote  and  little-known  regions  of  Northern, 
Eastern,  and  Southern  Europe,  for  ever  marches  a  vast 
and  endless  army.  Nondescript  and  ever-changing  in 
personnel,  without  leaders  or  organization,  this  great 
force,  moving  at  the  rate  of  nearly  1,500,000  each  year, 
is  invading  the  civilized  world. 

Like  a  mighty  stream,  it  finds  its  source  in  a  hundred 
rivulets.  The  huts  of  the  mountains  and  the  hovels  of 
the  plains  are  the  springs  which  feed  ;  the  fecundity  of 
the  races  of  the  old  world  the  inexhaustible  source. 
It  is  a  march  the  like  of  which  the  world  has  never  seen, 
and  the  moving  columns  arc  animated  by  but  one  idea — 
'  that  of  escaping  from  evils  which  have  made  existence 
intolerable,  and  of  reaching  the  free  air  of  countries 
where  conditions  are  better  shaped  to  the  welfare  of  the 
masses  of  the  people. 

It  is  a  vast  procession  of  varied  humanity.  In 
tongue  it  is  polyglot ;  in  dress,  all  climes  from  pole  to 
equator  are  indicated,  and  all  religions  and  beliefs 
enlist  their  followers.  There  is  no  age  limit,  for  young 
and  old  travel  side  by  side.    There  is  no  sex  limitation, 

B 


2      THE  PROBLEM  OF  THE  IMMIGRANT 


,    for  the  women  are  as  keen  as,  if  not  more  so,  than  the 
men ;  and  babes  in  arms  are  here  in  no  mean  numbers. 

The  army  carries  its  equipment  on  its  back,  but  in  no 
prescribed  form.  The  allowance  is  meagre,  it  is  true, 
but  the  household  gods  of  a  family  sprung  from  the 
same  soil  as  a  hundred  previous  generations  may 
possibly  be  contained  in  shapeless  bags  or  bundles. 
For  ever  moving,  always  in  the  same  direction,  this 
marching  army  comes  out  of  the  shadow,  converges  to 
natural  points  of  distribution,  masses  along  the  great 
international  highways,  and  its  vanguard  disappears, 
absorbed  where  it  finds  a  resting-place. 

Gaining  in  volume  and  momentum  with  each  passing 
year,  without  apparent  regard  for  the  law  of  supply  and 
demand,  the  pressure  of  this  army  has  already  made 
itself  felt  upon  the  communities  in  which  it  finds  its 
destination.  The  cry  of  protest  has  gone  up  from  those 
who  find  themselves  crowded  from  their  occupations 
and  their  homes  by  the  new  arrivals,  and  peoples  are 
demanding  of  their  Governments  that  some  steps  be 
taken  to  check  this  alien  invasion. 

Throughout  Europe  the  word  "  America "  is  sy- 
nonymous  in  all  languages  with  freedom,  prosperity, 
and  happiness.  The  desire  to  reach  America  is  the 
first  sign  of  awakened  ambition,  the  first  signal  of 
revolt  against  harsh  environment,  the  dream  of  age  and 
youth  alike.  The  countries  of  Western  Europe  receive 
the  migratory  element — the  birds  of  passage  who  help 
in  the  harvest,  or  furnish  labour  for  great  undertakings, 
and  then  return  to  their  homes  richer  for  their  season 
abroad,  London  absorbs  into  her  mighty  heart  thou- 
sands of  strange-looking  Imman  beings,  talking  gibberish 
tongues,  and  quick  to  takt  advantage  of  her  marvel- 
lous charities.    South  America,  with  the  free-and-easy 


INTRODUCTION 


3 


manner  of  that  part  of  the  world,  accepts  those  rejected 
elsewhere. 

Following  the  main  columns  of  this  army  back  to 
their  beginnings,  the  real  reasons  for  its  existence  are 
soon  discovered.  The  momentum  is  given  at  the 
source,  and  we  find  men  pushing  each  other  up  the 
gang-planks  of  departing  emigrant  steamers  to  make 
their  escape  from  incredible  political  and  economic 
wrongs.  There  is  another  reason,  based  upon  the  first,  ^ 
but  none  the  less  potent.  The  traffic  in  ocean  passages 
has  reached  a  stage  of  fierce  competition,  unscrupulous- 
ness,  and  even  inhumanity,  inconceivable  to  those  not 
familiar  with  its  details.  Men  who  profit  by  the  march 
of  these  millions  of  people  have  a  drag-net  out  over 
Continental  Europe  so  fine  in  its  meshes  as  to  let  no 
man,  woman,  or  child  escape  who  has  the  price  and  the 
desire  or  need  to  go.  Three  great  countries,  Italy, 
Austria-Hungary,  and  Russia — where  the  masses  of  the 
people  are  low  in  the  social  scale,  and  where  the 
percentage  of  illiteracy  is  discreditable  to  the  twentieth 
century — are  being  drained  of  their  human  dregs  through 
channels  made  easy  by  those  seeking  cargo  for  their 
ships. 

In  numbers  the  emigrants  of  twenty  years  ago 
approximated  those  of  to-day,  but  with  a  notable 
difference  in  character  and  purpose.  Then  they  were 
recruited  from  AVestern  and  North- Western  Europe,  and 
the  movement  from  Italy,  Austria- Hungary,  and  Russia 
was  comparatively  small.  To-day  the  conditions  arc 
reversed.  The  movement  from  the  first-named  sections 
is  inconsiderable,  and  from  the  other  countries  it  is 
overwhelming. 

The  Italians  are  driven  from  their  country  by  long- 
standing economic  wrongs  now  culminating   in  the 


4      THE  PROBLEM  OF  THE  IMMIGRANT 


practical  depopulation  of  Southern  Italy  and  Sicily. 
The  Russian  Jews  are  leaving  their  homes  largely 
because  of  political  persecution.  The  emigrants  from 
Austria-Hungary  start  on  their  journey  Westward  to 
escape  burdens  both  economic  and  political.  Last  year 
230,000  Italians,  200,000  Austro-Hungarians,  and 
136,000  Russians  successfully  passed  the  immigration 
barriers  of  a  single  country — the  United  States.  The 
people  of  those  three  countries  are  tremendously  pro- 
lific. Poverty  and  discomfort  apparently  have  no  effect 
in  decreasing  the  birth-rate,  and  phenomenally  large 
families  are  the  rule.  The  total  population  of  Italy, 
Austria,  and  Russia,  notwithstanding  the  drain  of  this 
enormous  emigration,  is  increasing  naturally  year  by 
year,  this  increase  being  largely  confined,  however,  to 
the  cities  and  more  prosperous  agricultural  districts. 

The  Governments  of  the  countries  from  which  people 
are  going  have  become  thoroughly  aroused  to  the  evils 
of  this  drain  upon  national  vitality.  The  peoples  of 
the  countries  into  which  these  emigrants  are  moving  are 
even  more  concerned  over  the  evident  weakening  of 
their  own  popular  institutions  through  the  unwelcome 
addition  to  the  population  of  the  large  undesirable 
element  which  participates  in  this  alien  movement. 


CHAPTER  II 


EMIGRATION  AN  INTERNATIONAL  AFFAIR  * 

To  police  the  world  for  the  purpose  of  putting  a  whole- 
some restraint  upon  emigration  is  within  the  power — 
even  now  within  the  line  of  duty — of  the  greater 
nations.  This  can  only  be  accomplished  by  an  inter- 
national and  binding  agreement,  making  the  power 
conferred  impressive,  absolute,  and  compelling.  The 
benefits  of  such  an  agreement  would  be  mutual,  and  its 
results  conducive  to  the  safety,  happiness,  and  prosperity 
not  only  of  the  strong  but  of  the  weak,  not  only  of  the 
free  but  of  the  oppressed. 

The  purposes  of  such  an  agreement  as  is  here 
sxiggested  may  be  briefly  outlined  as  follows  : — To 
encourage  a  high  moral,  physical,  political,  and  educa- 
tional standard  of  admission  for  immigrants  ;  and  to 
these  might  well  be  added  a  financial  or  self-support- 
ing qualification  of  sufficient  scope  to  prevent  the 
possibility  of  immediate  dependence  upon  charity.  To 
guard  against  the  spread  of  disease  from  one  country  to 
another.  To  check  undue  activity  on  the  part  of  trans- 
portation agents.  To  maintain  a  world-wide  system 
of  police  identification  and  restraint  of  criminals.  To 
persuade  each  nation  to  live  up  to  its  full  responsi- 
bilities in  the  care  of  its  own  deficients.    To  induce  the 

'  This  chapter  first  appeared  as  an  article  in  the  Fortniyhtly  Review,  and 
is  reproduced  through  the  courtesy  of  the  publiuhers. 


6      THE  PROBLEM  OF  THE  IMMIGRANT 


amelioration  of  political  or  economic  wrongs  in  given 
areas  where  such  influences  are  driving  people  from  one 
country  to  another  to  the  discomfort  of  the  latter. 

To  avert  war,  to  assist  each  other  in  times  of  great 
disaster,  or  to  work  together  for  any  purpose  tending 
towards  the  mutual  welfare  of  two  or  more  peoples, 
has  always  been  accepted  as  a  legitimate  function  of 
Governments,  and  a  satisfactory  object  of  international 
conference  or  agreement.  Emigration  has  now  become 
an  international  as  well  as  a  national  question.  All 
peoples  welcome  the  self-supporting,  intelligent,  and 
healthy  foreigner  ;  but  unfortunately  for  the  peace  and 
safety  of  prosperous  and  well-governed  communities 
the  world  over,  a  very  large  proportion  of  those  now  on 
the  move  cannot,  even  by  courtesy  or  true  sympathy, 
be  placed  under  this  classification. 

Between  a  million  and  a  half  and  two  million  people 
)l  annually  are  now  moving  from  one  country  to  another, 
seeking  a  change  in  their  place  of  permanent  residence. 
Seven-eighths  of  those  taking  part  in  this  exodus  are 
from  countries  where  the  inhabitants  are  but  partially 
civilized,  from  the  Anglo-Saxon  point  of  view ;  or  they 
are  being  forced  out  of  their  native  environment  by 
political  or  economic  wrongs.  No  nation  can  effectually 
control  this  movement  single-handed,  even  in  the 
matter  of  admissions  to  its  own  territory.  There  is  a 
more  or  less  well-organized  conspiracy  to  break  down  or 
evade  barriers  which  may  be  erected,  and  it  succeeds  to 
a  remarkable  degree  ;  for  the  influences  at  work  are 
international,  hence  cannot  be  neutralized  from  a  single, 
or  national,  point  of  operation.  This  conspiracy  is  none 
the  less  effective  because  it  is  peaceful,  intangible,  and 
does  not  come  within  the  jurisdiction  of  law.  It 
originates  in  the  disinclination  of   Governments  to 


EMIGEATION  AN  INTERNATIONAL  AFFAIR  7 


assume  their  full  responsibility,  in  the  pernicious 
activity  of  those  who  profit  from  the  moving  of 
thousands  of  people,  and  in  the  inclination  of  the 
oppressed  to  follow  the  line  of  least  resistance  towards 
final  relief. 

The  concern  of  all  nations  is  with  emigration  as  well 
as  immigration.  It  is  not  to  the  best  interests  of  any 
country  that  a  desirable  element  of  its  population  shall 
depart  for  foreign  lands,  taking  with  them,  perhaps,  not 
so  much  in  worldly  goods,  but  reducing  the  productive 
power,  decreasing  the  military  strength,  and  weakening 
the  social  fabric  at  a  most  vital  point.  In  times  of 
great  industrial  development  it  is  necessary  there  should 
be  an  influx  of  labour  from  abroad,  but  except  in  remote 
sections,  or  where  local  conditions  are  not  favourable  to 
the  wage-earner,  this  need  is  generally  promptly  and 
naturally  supplied.  There  is  also  always  a  floating 
population  the  world  over,  usually  well  able  to  take 
care  of  itself — floating  because  of  innate  restlessness,  or 
moved  from  one  country  to  another  because  of  various 
but  ordinary  reasons  personal  to  each  individual.  It  is 
not  with  the  usual  and  natural  migration  of  more  or 
less  responsible  human  beings  that  nations  are  especially 
concerned  at  this,  or,  in  fact,  at  any  other  time. 

The  present  emigration  movement  is  neither  usual 
nor  natural.  The  countries  which  these  emigrants  are 
leaving  are  sustaining  by  their  departure  a  distinct  and 
appreciable  loss  in  productive  power,  military  strength 
is  sapped,  and  the  general  tone  of  the  districts  tlius 
depopulated  drops  below  the  normal  point,  for  the 
reason  that  those  who  go  are  mostly  males  in  the  prime 
of  life  and  at  the  height  of  their  value  to  the  community. 
The  consequences  of  such  an  outward  movement  are 
most  far-reaching.    Labour  becomes  scarce  and  wages 


8      THE  PROBLEM  OF  THE  IMMIGRANT 


low.  This  may  sound  contradictory,  but  it  is  true, 
as  is  shown  in  Southern  Italy. 

Economic  conditions  in  Central  and  Southern  Europe 
are  such  that  the  cost  of  production  must  be  small, 
or  industry  is  impossible.  Hence,  when  labour  be- 
comes scarce,  and  the  natural  tendency  would  be 
towards  higher  wages,  industry  and  development  are 
almost  altogether  checked,  and  the  condition  of  the 
people  left  behind  is  soon  even  worse  than  when  a 
larger  number  occupied  the  competitive  field.  Many 
other  evils  besides  that  of  small  earning-power  follow 
in  consequence.  Tax  collections  grow  less,  hence  school 
conveniences  and  other  community  needs  are  supplied 
in  less  satisfactory  manner.  All  business  grows  slack 
and  unprofitable,  and  the  country  rapidly  loses  its 
vitality.  The  spirit  of  unrest  and  discontent  is  rife 
among  those  left  behind  by  very  reason  of  their 
inability  to  follow.  Patriotism,  loyalty,  and  other  civic 
virtues  necessary  to  the  welfare  of  a  State,  sink  to  a 
low  ebb. 

On  the  other  hand,  it  is  extremely  undesirable  that 
i  thousands  of  foreigners  of  questionable  value  from  a 
;  mental,  moral,  or  physical  point  of  view,  should  be 
allowed  to  freely  invade  well-governed  and  prosperous 
communities.  They  underbid  the  labour  market,  raise 
important  and  vexatious  municipal  questions,  strain 
charitable  resources  to  the  utmost,  increase  the  cost  of 
government,  expose  a  healthy  people  to  contagious 
diseases  common  to  the  poorer  classes  of  Europe,  corrupt 
the  body  politic,  and  in  every  way  complicate  a  situation 
none  too  simple  at  its  best. 

The  countries  to  which  these  people  go  are,  as  a 
rule,  already  well  supplied  with  labour  of  a  general  cha- 
racter, and  nearly  all  occupations  are  fully  represented 


EMIGRATION  AN  INTERNATIONAL  AFFAIR  9 


when  the  average  earning  power  of  the  individual  is 
taken  into  consideration.  Even  countries  with  large 
areas  of  land  open  to  occupation  now  take  no  comfort 
from  an  influx  of  the  oppressed  from  foreign  lands,  for 
those  who  go  forth  to  pioneer  must  have  initiative 
energy,  resourcefulness,  and  individuality,  to  play  the 
part ;  and  these  qualities  are  sadly  lacking  in  the  average 
immigrant  of  to-day.  They  are  gregarious,  even  clannish. 
I  Landing  in  the  large  cities,  they  seldom  move  on  to  the 
!  greater  air-spaces  of  the  country.  They  find  employ- 
ment, such  as  it  is,  with  people  of  their  own  nationality, 
who  shrewdly  take  advantage  of  their  needs  and  fears, 
to  the  detriment  of  local  industrial  and  social  conditions. 

Leaving  out  of  consideration  the  movement  of  all 
unquestionably  undesirable  people,  such  as  criminals, 
paupers,  deficients,  etc.,  four  distinct  causes  may  be 
assigned  for  the  present  large  emigration  now  affecting, 
as  stated,  nearly  two  million  people  annually.  These 
causes  are  natural,  economic,  political,  and  artificial. 
'The  natural  emigration  from  any  country  arises  from 
the  restlessness  and  ambition  of  youth  and  middle  age 
apparent  in  all  peoples,  and  only  to  be  satisfied  by  new 
adventure.  As  a  rule,  the  class  of  people  dislodged 
from  their  native  environment  by  this  cause  are  accept- 
able additions  to  any  foreign  country.  Economic 
wrongs  are  causing  an  exodus  from  Italy,  and  in  a  less 
degree  from  Austria-Hungary,  and  the  story  of  evil 
consequences  to  the  motherland  is  plainly  written  in 
the  depression  in  agriculture  and  industry  throughout 
the  section  aflfected.  Sicily  is  practically  depopulated, 
and  from  some  of  the  Italian  villages  over  80  per  cent, 
of  the  people  have  gone  to  the  United  States,  to  escape 
what  really  amounts  to  slavery  and  results  in  mental 
and  bodily  starvation. 


10    THE  PROBLEM  OF  THE  IMMIGRANT 


The  political  cause  for  emigration  is  best  illustrated 
in  the  case  of  the  Hebrews  of  Russia.  The  laws  of  that 
country  for  twenty-two  years  have  been  of  such  a 
character  as  to  drive  the  Jews  from  the  land  of  their 
birth.  Forced  to  live  in  the  towns,  deprived  of  nearly 
all  opportunity  for  making  a  living,  they  are  fleeing  to 
other  lands,  seeking  employment,  education  for  their 
children,  and  freedom  from  persecution.  Under  a  wise 
and  liberal  administration,  the  Jewish  Pale  and  Poland 
would  support  and  give  employment  to  the  develop- 
ment of  its  resources  to  all  the  people  now  living  within 
their  boundaries.  Emigration  arises  from  political 
causes,  and  should  the  political  powers  of  that  country 
see  fit,  a  condition  could  be  brought  about  under  which 
there  would  be  no  more  than  the  natural  movement 
abroad. 

The  artificial  cause  behind  the  present  unprecedented 
exodus  from  Europe  is  the  abnormal  activity  of  the 
transportation  companies  in  their  efibrt  to  secure  new 
and  profitable  cargo  for  their  ships.  The  present 
emigration  movement  represents  a  gross  annual  income 
of  at  least  £10,000,000  sterling,  and  it  is  en- 
couraged and  stimulated  in  every  way  known  to  the 
skilful  and  experienced  men  who  have  built  up  this 
business  for  themselves  or  their  employers.  The 
managements  of  these  companies  deny  any  knowledge  of 
unnatural  means  being  used  to  secure  business,  and 
disclaim  responsibility  for  the  thousands  of  sub-agents 
who  are  engaged  in  the  sale  of  steamship  tickets  on  the 
Continent.  It  is  probably  true  that  these  men  are  not 
directly  in  their  employ,  but  the  business  is  done  on  a 
commission  basis  through  general  agents ;  hence  a  sub- 
division of  profit  is  possible  without  direct  responsi- 
bility.   The  transportation  companies  get  the  business, 


EMIGRATION  AN  INTERNATIONAL  AFFAIR  11 


however,  and  so  successful  are  their  methods  that  many 
emigrant  authorities  hold  them  responsible  for  insti- 
gating possibly  50  per  cent,  of  the  departures  for 
foreign  lands.  Foreign  countries,  such  as  Italy  and 
Hungary,  have  laws  against  soliciting  for  this  business. 
Arrests  have  been  made  and  sentences  imposed,  but  the 
work  still  goes  on,  assisted  in  some  places  by  a 
complacent  and  not  entirely  disinterested  bureaucracy. 

In  the  past  fifty  years  about  nine  million  natives  of 
the  United  Kingdom  have  emigrated  to  foreign  lands, 
over  two-thirds  of  these  having  gone  to  places  other 
than  British  colonies.  Add  to  these  the  three  million 
foreigners  who  have  tarried  in  the  United  Kingdom  for 
more  or  less  time  and  then  departed,  and  we  have  a 
total  emigration  from  the  British  Isles  alone  of  about 
twelve  million  people.  During  the  past  year  179,000 
English,  37,000  Scotch,  and  about  46,000  Irish  left  for 
abroad,  a  total  of  232,000  British  who  found  it 
advantageous  to  leave  their  native  land.  In  addition 
to  these,  about  190,000  foreigners  sailed  from  English 
ports  as  the  most  convenient  points  of  embarkation. 
If  all  of  these  native-born  English,  Scotch,  and  Irish 
had  gone  to  British  colonics,  the  movement  might  be 
viewed  with  more  equanimity,  but  three-fifths  of  tliem 
went  to  foreign  countries,  and  were  there  welcomed  as 
the  best  class  of  immigrants  received  from  any  source. 
If  it  might  be  considered  that,  owing  to  overcrowded 
conditions,  it  was  necessary  or  desirable  that  the 
population  of  the  British  Isles  should  be  lessened  by  this 
number,  little  consolation  can  be  derived  from  the  facts 
in  the  case,  for  it  can  almost  be  said  that  as  soon  as  a 
native-born  left  the  country  an  aFien  landed  to  fill  his 
place. 

It  is  not  the  purpose  here  to  enter  into  a  discussion 


12    THE  PROBLEM  OF  THE  IMMIGRANT 


of  the  evils  wJiicli  have  arisen  from  the  alien  invasion  of 
London,  They  are  now  matters  of  general  comment  and 
knowledge.  The  mere  fact  that  an  Alien  Bill,  proposing 
to  restrict  this  movement  and  control  the  element  of 
foreign  population  after  its  arrival,  has  been  introduced 
in  Parliament,  and  received  generous  support,  is  sufficient 
evidence  to  the  effect  that  the  British  people  are  fully 
alive  to  the  dangers  presented  and  to  the  responsibilities 
of  Government. 

The  United  Kingdom  is  also  largely  concerned  in 
emigration  matters  from  a  colonial  point  of  view.  Last 
year  about  50,000  emigrants  went  to  South  Africa, 
about  the  same  number  went  to  Australia,  and  75,000 
were  added  to  the  population  of  Canada.  While  each 
of  the  colonies  enforces  more  or  less  restrictive  laws 
governing  those  who  seek  to  enter,  it  is  only  necessary 
to  note  the  experience  of  the  United  States  to  reach 
the  conclusion  that,  should  the  popular  tide  of  emigration 
turn  towards  these  British  colonies,  attracted  by  pros- 
perous conditions,  or  deftly  directed  that  way  by  trans- 
portation interests,  it  would  be  equally  impossible  under 
present  conditions  for  South  Africa,  Australia,  or  Canada 
to  wholly  exclude  the  undesirables.  The  United  States 
added  nearly  a  million  to  her  population  by  immigration 
last  year,  receiving  the  bulk  of  the  movement  from  Italy, 
Austria-Hungary,  and  Russia,  and,  notwithstanding  the 
drastic  police  power  exercised  over  those  who  seek  per- 
mission to  land,  thousands  entered  that  country  who 
were  not  only  undesirable,  but  whose  presence  is  an 
actual  detriment  to  the  welfare  of  that  nation. 

These  million  emigrants  did  not  go  to  the  United 
States  because  of  great  areas  of  land  ofiered  for  their 
occupation,  or  to  scatter  themselves  throughout  the 
smaller   industrial  communities  of  the  West,  where 


EMIGRATION  AN  INTERNATIONAL  AFFAIR  13 

labour  is  insufficient.  They  congregated  largely  in  the 
already  over-crowded  and  congested  centres  of  popu- 
lation, where  they  complicate  the  living  problem  for 
those  already  on  the  ground,  and  increase  the  difficulties 
of  municipal  administration.  The  United  States  immi- 
gration laws  and  restrictions  are  severe,  and  they  are 
thoroughly  and  intelligently  enforced.  With  all  this, 
however,  they  fall  short  of  their  purpose,  for  the  simple 
reason  that  there  is  little  or  no  control,  actual  or  moral, 
over  the  source  of  supply.  It  is  an  eSovt  to  beat  back 
the  tide  after  it  has  rolled  upon  the  shore,  and  in  the 
vast  multitude  of  arrivals  many  gain  entrance  legally 
whom  the  country  would  be  better  off  without. 

The  emigration  from  France  has  been  barely  a 
quarter  of  a  million  people  in  fifty  years,  and  the 
annual  exodus  is  now  less  than  six  thousand.  These 
people  go  to  the  United  States  or  to  Argentina.  France 
is  deeply  concerned,  however,  in  emigration  matters, 
owing  to  the  fact  that  her  territory  is  a  great  highway 
for  those  coming  from  countries  to  the  east  and  to  the 
south.  Russia,  Austria,  Italy,  and  the  Levant  send 
their  thousands  of  emigrants  each  year  to  French  ports, 
and  the  French  people  are  thereby  exposed  to  all  the 
evils  which  follow  attendant  upon  this  movement. 

Germany  is  largely  in  the  same  category  as  France, 
and  her  interest  in  emigration  as  an  international 
question  is  along  much  the  same  lines.  Last  year 
Germany  lost  less  than  25,000  of  her  native-born 
through  emigration,  but  a  quarter  of  a  million  people 
from  countries  to  the  east  and  south  crossed  her  terri- 
tory, and  embarked  from  German  ports  for  other  lands. 
There  is  no  immigration  into  Spain,  but  G0,000  of  her 
citizens  left  that  country  last  year  to  take  up  their 
residence  elsewhere.    Most  of  these  people  went  to 


14    THE  PROBLEM  OF  THE  IMMIGRANT 


Brazil,  Uruguay,  and  Argentina,  and  by  their  going 
created  a  dearth  of  labour  in  many  agricultural  districts, 
to  the  end  that  production  was  checked  or  made  un- 
profitable. Last  year  Italy  recorded  a  movement  of 
530,000  people  from  her  territory,  and  while  perhaps 
40  per  cent,  of  these  returned  after  a  short  absence,  the 
net  loss  to  her  population  represents  a  serious  blow  to 
her  commerce  and  industry.  Nearly  half  a  million 
people  moved  out  of  Russia  last  year,  and  from  this 
movement  has  arisen  the  serious  problem  with  which 
England  is  now  confronted  in  immigration  matters,  and 
which  is  shared  to  a  certain  extent  by  the  United  States. 

The  evils  attendant  upon  unrestricted  immigration 
are  not  theoretical,  but  actual,  and  no  discussion  of  the 
subject  need  be  purely  academic.  It  is  a  practical, 
homely  problem,  engrossing  the  attention  of  Govern- 
ments, puzzling  the  intelligent  native-born,  and 
suggesting  possibilities  for  the  future  before  which 
present  results  appear  almost  insignificant.  Twenty 
years  ago  the  movement  was  largely  of  people  with  a 
purpose  and  able  to  carry  it  out.  Intelligent  and  in- 
dustrious home-seekers  and  home-builders  were  looking 
for  an  outlet.  They  found  it  readily  in  the  newer 
countries,  and  soon  the  movement  decreased  owing  to 
exhaustion  of  supply. 

Then  followed  the  beginning  of  the  exodus  from 
Italy,  Austria-Hungary,  and  Russia.  This  developed 
rapidly  from  an  emigration  due  to  natural  causes  into  a 
stampede,  gathering  headway  with  every  passing  month, 
and  dragging  into  its  current  thousands  of  human 
beings  who  only  know  that  they  are  fleeing  from  a 
harsh  environment  to  something  which  they  have  heard 
is  better.  This  stampede  has  now  reached  such  pro- 
portions as  to  occupy  all  the  energies  of  a  score  of 


EMIGRATION  AN  INTERNATIONAL  AFFAIR  15 

steamship  lines  in  handling  the  traffic,  to  warrant  the 
establishment  of  new  and  more  direct  routes,  and  the 
building  of  new  ships  specially  designed  for  the  carry- 
ing of  this  cargo.  The  business  is  profitable :  there 
are  comparatively  few  restrictions  upon  it,  and  in 
Central  and  Southern  Europe  there  is  apparently  a  vast 
amount  of  human  freight  needing  only  the  initiative 
push  to  make  a  start,  and  thus  keep  up  for  an  indefinite 
term  of  years  this  gigantic  industry.  There  is  no 
demand  for  all  these  people  in  the  countries  to  which 
they  are  going.  The  countries  where  they  might 
possibly  be  of  some  advantage  are  getting  only  a 
comparative  few. 

There  is  no  hope  of  an  exhaustion  of  supply,  for  the 
most  prolific  races  are  now  contributing  their  millions,  j 
and  yet  increasing  the  population  of  their  own  countries. 
There  is  no  hope  of  an  improvement  in  quality,  for  the 
best  come  first  and  the  dregs  follow.  Regardless  of 
consequences  to  themselves  or  others,  this  irresponsible 
horde  dumps  itself  or  is  dumped  into  communities 
already  strained  to  maintain  a  high  level  of  individual 
life  for  the  native-born  and  the  large  foreign  element 
already  on  the  ground.  The  result  is  not  a  matter  of 
conjecture.  The  strain  becomes  too  great,  and  existing 
social  and  economic  standards  give  way  under  pressure. 
The  labour  market  is  glutted,  and  the  shrewd  and 
avaricious  make  possible  a  form  of  slavery  worse  than 
that  from  which  the  negro  was  freed  at  cost  of  great 
wars.  Cities  divide  into  colonies  of  aliens  of  dificrent 
races,  and  the  municipal  authorities  of  highly  civilized 
communities  are  confronted  with  new  and  perplexing 
problems.  The  demands  upon  charity  and  police  sur- 
veillance are  increased  in  consequence  of  these  changed 
conditions,  and  readjustment  of  life  to  fit  the  new  order 


16    THE  PROBLEM  OF  THE  IMMIGRANT 


of  things  is  made  necessary  for  all,  regardless  of  prior 
occupation,  implied  or  real  rights. 

There  is  the  danger  of  disease,  one  not  to  be  lightly 
regarded.     There  are  many  afflictions  of  the  body 
common  to  the  peoples  of  Southern  Europe  and  the 
Levant,  which  are  comparatively  unknown  to  other  and 
cleaner  peoples.    One  of  these,  trachoma,  that  dread 
and  disabling  disease  of  the  eyes,  Egyptian  ophthalmia, 
as  it  was  formerly  known  when  introduced  into  Italy 
by  Napoleon's  army,  is  prevalent  in  that  part  of  the 
world  from  which  a  large  number  of  people  are  now 
emigrating.    Much  is  done  to  prevent  its  introduction 
and  spread  elsewhere,  but  not  enough  to  guarantee 
entire  safety.    Should  this  disease  become  general,  it 
would  lower  the  value  of  the  public  educational  system 
in  any  English-speaking  country.    There  could  be  no 
democracy  where  contagion  was  possible,  and  only  the 
poorest  would  send  their  children  to  schools  subject  to 
the  taint.    That  this  is  really  a  serious  danger,  and  not 
a  chimera  of  the  imagination,  is  shown  by  the  fact  that 
hundreds  of  cases  are  now  treated  by  the  hospitals  in 
New  York,  whereas  but  a  few  years  ago  the  disease  was 
practically  unknown  in  America. 

Serious  plagues  of  disease  are  always  a  possibility  in 
countries  to  which  large  numbers  of  emigrants  are 
flocking  ;  for  those  now  on  the  move  come  from  parts  of 
the  world  where  great  plagues  are  always  latent,  only 
awaiting  favourable  opportunity  for  development.  In 
the  great  rush  of  people  to  new  lands  the  criminal,  the 
pauper,  and  the  deficient  escape  close  scrutiny,  and 
bring  their  evil  intentions  or  afflictions  with  them  to 
fresh  fields.  The  nation  of  their  origin  escapes  its 
responsibility.  Upon  the  people  to  whom  they  go  is 
thrust  the  burden  which  rightly  belongs  elsewhere. 


EMIGRATION  AN  INTERNATIONAL  AFFAIR  17 

Many  of  these  objections  to  large  immigration  might 
be  overlooked,  or  the  evils  so  administered  as  to  deprive 
them  of  much  of  their  threatening  character,  if  the 
communities  receiving  these  people  had  extended  an 
invitation  and  needed  this  new  population.  They  do 
not,  however,  for  even  the  conscientious  and  worthy 
advocates  of  asylum  for  the  oppressed  of  all  lands  are 
beginning  to  realize  that  charity  begins  at  home;  that 
the  oppressed  alien  can  crowd  the  labour  market  equally 
with  the  free  man ;  that  the  political  refugee,  afflicted 
with  disease,  is  as  dangerous  to  the  community  as  the 
man  who  leaves  his  own  country  without  cause. 

The  emigration  movement  from  one  country  is 
the  immigration  movement  into  another,  or  perhaps  a 
dozen  others.  The  evils  political  and  economic  which 
drive  a  quarter  of  a  million  people  from  a  country  each 
year  most  certainly  concern  the  countries  which  receive 
these  people.  The  steamer  which  brings  this  freight  to 
a  foreign  shore  operates  under  two  or  more  flags.  All 
countries  are  concerned  with  keeping  their  own  useful 
citizens  at  home.  All  countries  are  concerned  in  pre- 
venting the  ingress  of  foreign  criminals,  deficients,  or 
diseased.  Emigration  has  unquestionably  become  an 
international  afiair,  and,  until  it  is  so  treated,  complica- 
tions and  evils  resulting  therefrom  can  only  be  partially 
and  quite  ineffectually  controlled  by  each  nation  acting 
for  itself,  independently  of  all  others. 

All  countries  have  laws  and  regulations  governing 
the  admission  of  aliens.  These  laws  are  of  wide  variety, 
however,  and  range  from  mere  enumeration  to  pro- 
hibition. Nearly  all  of  the  civilized  peoples  have 
recognized  the  dangers  of  imported  disease,  and  the 
undesirability  of  foreign  criminals.  Restraining  laws 
are  generally  in  force,  providing  for  inspection  by 


18    THE  PROBLEM  OF  THE  IMMIGRxiNT 


medical  authorities,  and  forbidding  the  ingress  of 
notorious  criminals.  With  the  exception  of  some 
international  exchange  of  courtesies  in  the  matter  of 
criminals,  there  is  up  to  the  present  time  little  or  no 
co-operation  among  nations  to  help  each  other  to  secure 
desired  results.  The  United  States  has  taken  the  lead 
in  imposing  restrictions  upon  immigration,  and  by  a 
roundabout  method  has  inaugurated  a  system  of  inspec- 
tion at  several  of  the  larger  foreign  ports  of  embarkation, 
which,  while  necessarily  not  entirely  effective,  is  working 
satisfactorily  as  far  as  it  has  gone. 

The  Government  of  Italy  maintains  a  close  super- 
vision over  departing  emigrants,  attempts  to  restrain 
the  soliciting  of  transportation  business,  and  will  not 
allow  the  conduct  of  emigrant  traffic  to  countries  not 
desirable  as  places  of  residence  for  Italian  citizens. 
While  avowedly  restrictive  in  its  intent,  the  Italian  law 
is  far  from  effective  in  keeping  people  at  home ;  for  the 
cause  of  the  emigration  lies  deeper  in  the  economics  of 
the  country.  When  these  shall  be  readjusted,  which 
happy  event  is  a  possibility  of  the  future,  and  the 
conditions  under  which  the«people  of  Southern  Italy  live 
shall  become  more  bearable,  the  depopulation  now  in 
progress  will  subside,  if  not  cease  altogether. 

Barring  such  beneficial  effect  as  the  emigration 
restrictions  of  countries  like  Italy  and  Hungary  may 
have  in  checking  the  exodus,  the  American  law  presents 
the  only  feature  directly  bearing  upon  international 
co-operation.  No  alien  is  allowed  to  land  in  the  United 
States  if  he  or  she  comes  within  the  prohibited  classifica- 
tions, whether  such  alien  is  intending  to  remain  in  the 
United  States  or  to  proceed  at  once  to  some  foreign 
country.  In  this  manner  the  United  States  protects 
Canada  and  Mexico  and  any  other  country  reached  via 


EMIGRATION  AN  INTERNATIONAL  AFFAIR  19 


American  territory  from  the  dangers  of  imported 
disease  and  the  addition  of  criminals  or  deficients  to 
their  populations. 

To  carry  out  the  idea  of  international  co-operation 
in  matters  of  emigration,  let  it  be  supposed  that  an 
International  Conference  of  all  the  Powers  was  held  to 
exchange  ideas,  and  if  possible  reach  some  mutually 
satisfactory  basis  for  an  agreement.  There  would  be 
many  conflicting  interests  at  work,  and  many  differences 
of  opinion  to  be  adjusted.  It  might  and  probably 
would  take  much  time  and  several  meetings  before  an 
understanding  could  be  reached,  but  there  would  be 
some  important  points  upon  which,  in  spite  of  possible 
differences  as  to  the  best  methods,  all  would  promptly 
agree  as  to  the  principles  involved.  No  country  desires 
to  lose  its  useful  citizens.  To  minimize  this  evil,  a 
general  agreement  could  be  reached  to  enact  laws 
forbidding  undue  effort  on  the  part  of  those  interested 
to  secure  passenger  business.  Severe  penalties  could  be 
provided  for  violations  of  this  restriction,  and  still 
greater  penalties  for  inducing  people  to  leave  their 
homes  through  false  representations  as  to  prospects  for 
employment,  opportunity  or  wealth  elsewhere.  Italy 
already  has  such  a  law,  but  the  operations  of  the  pro- 
moters are  carried  on  just  beyond  her  borders,  and  the 
effectiveness  of  the  law  is  greatly  lessened. 

To  secure  harmony  in  establishing  a  standard  of 
admission  would  be  more  difficult,  but  the  United  States 
and  the  great  nations  of  Western  Europe  would  probably 
agree,  except  in  minor  matters,  due  to  local  needs  or 
conditions.  If  aliens  are  to  be  admitted  to  a  country 
not  calling  for  them,  it  is  a  self-evident  truth  that  the 
better  the  character  of  those  aliens  the  better  for  all 
concerned.    An  international  agreement  to  guard  against 


20    THE  PROBLEM  OF  THE  IMMIGRANT 

the  spread  of  disease  could  meet  with  no  serious 
objection.  To  exercise  sanitary  and  discriminating 
supervision  over  all  public  carriers  is  already  a  part  of 
each  nation's  business,  but  this  could  be  so  enlarged  and 
extended  as  to  include  special  reference  to  emigration 
and  immigration.  An  international  exchange  of  police 
information  is  now  carried  on  to  a  certain  extent,  but  it 
is  devoid  of  system,  and  a  bureau  of  intelligence  could 
be  organized  which  would  make  an  offender  against  the 
laws  of  his  native  land  an  object  of  watchfulness 
throughout  the  civilized  world. 

The  free  movement  of  deficient  persons  having  been 
checked,  each  country  would  be  forced  to  assume  its 
full  responsibility  in  the  care  of  its  own.  The  greater 
and  highest  civilized  nations  are  doing  this  now,  and 
their  intentions  are  honourable  and  humane ;  but  there 
are  countries  where  the  Governments  and  the  people 
are  prone  to  evade  the  burden,  and  if  possible  shift  it  to 
the  shoulders  of  others.  Pressure  at  home  and  from 
abroad  would  compel  more  attention  to  this  matter  if 
the  deficient  element  of  the  population  were  forced  to 
remain  stationary,  otherwise  serious  scandal  and  protest 
would  arise,  to  say  nothing  of  dangers  political  and 
social.  In  self-defence.  Governments  heretofore  neg- 
lectful would  be  constrained  to  take  greater  care  and 
exercise  closer  supervision  over  their  own  unfortunate 
or  criminal  classes. 

One  of  the  greatest  benefits  which  might  come  to 
the  world  from  such  co-operation  among  nations  would 
be  the  power  for  good  in  the  correcting  of  notorious 
evils  of  government.  The  moral  force  of  such  an 
alliance  would  be  tremendous,  and  the  physical  force, 
should  it  become  necessary  to  exercise  it,  overwhelming 
and  decisive.    Oppression  in  one  part  of  the  world. 


EMIGEATION  AN  INTERNATIONAL  AFFAIR  21 


which  had  the  efifect  of  driving  multitudes  of  people 
from  one  country  to  another,  would  become  the  concern 
of  all.  Wrongs  would  be  risrhted  on  demand,  either 
willingly  or  through  policy,  for  the  principle  would 
have  been  established  that  the  countries  into  which 
people  are  moving  are  directly  and  justly  interested  in 
the  affairs  of  the  countries  from  which  these  people 
come.  Emigration  from  one  place  becomes  immigration 
into  another.  It  is  an  international  affair  of  gravest 
importance,  and  should  be  speedily  recognized  as  such. 


CHAPTER  III 


IMMIGRATION  AND  EMIGRATION  LAWS  OF  EUROPE  ' 

The  British  Parliament  will  shortly  have  under  con- 
sideration a  measure  designed  to  restrict  immigration. 
At  the  same  time,  the  Austrian  Parliament  will  take  up 
a  measure  the  purpose  of  which  is  to  lessen  emigration. 
Both  of  these  measures  will  probably  become  laws — the 
British  in  some  form  to  be  determined  later,  and  the 
Austrian  as  now  drawn,  for  it  is  proposed  by  the 
political  party  in  control  of  the  Austrian  Parliament. 
Great  Britain  is  the  first  European  country  which  has 
suffered  from  invasion  by  unarmed  aliens  to  the  extent 
of  strongly  arousing  public  sentiment  in  favour  of  dis- 
crimination. The  Austrian  Government  is  merely 
following  the  example  set  by  Switzerland,  Germany, 
Italy,  and  Hungary. 

A  decrease  of  about  50,000  as  compared  with  the 
previous  year  is  a  feature  of  the  immigration  returns  of 
the  United  States  for  1904.  This  decrease  can  be 
attributed  almost  entirely  to  vigorous  administration 
of  the  American  laws  and  more  determined  effort  on 
the  part  of  foreign  Governments  to  keep  their  people  at 
home.  That  this  decrease  is  due  more  to  legal  restric- 
tion than  to  a  natural  lessening  of  the  number  of 
emigrants,  is  also  shown  by  the  fact  that  during  the 

1  The  substance  of  this  chapter  was  first  pubhshed  in  an  article  in  the 
North  American  Review,  and  is  reproduced  by  the  courtesy  of  the  publishers 


IMMIGRATION  AND  EMIGRATION  LAWS  23 


same  period  the  movement  into  England,  a  country 
with  no  restriction  upon  immigration,  increased  to  a 
marked  degree.  The  English  immigration  was  largely 
from  Russia,  where  there  are  legal  restrictions  upon 
emigration,  it  is  true,  but  these  restrictions  are 
notoriously  evaded. 

The  decrease  of  immigration  into  the  United  States 
was  most  marked  from  Italy,  Austria-Hungary,  and 
Russia,  countries  furnishing  the  largest  objectionable 
element.  There  was  an  increase  from  Great  Britain 
and  Germany,  where  the  percentage  of  desirable  emi- 
grants is  high.  The  emigration  from  Italy,  Austria- 
Hungary,  and  Russia  is  carried  by  the  English  and 
German  steamship  lines,  the  officials  of  which  exercise 
considerable  vigilance  in  preventing  the  embarkation 
of  passengers  who  are  likely  to  be  refused  admission 
at  American  ports.  Thus  the  American  restriction  law 
operates  not  only  at  points  where  it  is  enforced,  but 
also  in  foreign  countries  where  the  American  Govern- 
ment has  no  legal  jurisdiction  over  population 
movement. 

Emigration  from  European  countries  during  the  past 
year  was  larger  than  ever  before  recorded,  and  had  the 
United  States  and  Canada  placed  no  restraint  upon  the 
movement  towards  North  America,  over  a  million  aliens 
would  have  taken  the  journey  instead  of  less  than 
900,000.  The  deportation  of  objectionable  persons  who 
arrive  at  American  seaports,  and  the  exclusion  of  like 
individuals  alone:  the  northern  and  southern  borders  of 
the  country,  even  though  those  denied  admission 
are  numbered  by  the  thousand,  are  but  a  few  compared 
to  the  vast  total  rejected  for  passage  by  the  transpor- 
tation companies,  and  those  who  are  deterred  from 
beginning  the  voyage  through  fear  that  they  will  be 


24    THE  PROBLEM  OF  THE  IMMIGRANT 


turned  back  at  the  point  of  embarkation  for  the  sea 
voyage.  At  Naples  alone,  in  a  single  year,  10,000 
applicants  for  passage  were  refused  by  the  steamship 
companies,  because  of  evident  inability  to  meet  the 
requirements  of  the  American  law.  That  immigration 
restriction  laws  do  restrict,  if  enforced  with  that  vigour 
and  honesty  which  marks  the  American  administration, 
does  not  admit  of  argument. 

For  many  years  the  American  people  have  carried 
on  their  fight  single-handed  against  the  admission  of 
objectionable  aliens.  The  day  is  apparently  drawing 
near  when  the  involuntary  co-operation  of  foreign 
Governments  will  be  secured  in  reducing  the  volume  of 
emigrant  movement.  Foreign  Governments  are  only 
considering  the  matter  because  they  are  driven  to  it  in 
self-defence.  Great  Britain  occupies  the  peculiar  posi- 
tion of  being  the  only  European  country  suffering  from 
the  evils  of  both  immigration  and  emigration.  Both  of 
these  movements  of  population  have  assumed  large 
proportions.  The  loss  of  desirable  citizens  is,  beyond 
controversy,  a  serious  evil,  and  during  the  past  year 
there  has  been  a  notable  exodus  of  agricultural  and 
skilled  labour  from  England,  Wales,  Scotland,  and 
Ireland.  The  Governments  of  Continental  Europe  long 
ago  took  steps  to  discourage  this  class  of  emigration. 
Through  the  surveillance  over  the  citizen  which  is  given 
by  a  system  of  enforced  military  service  and  the  re- 
quirement of  passports  for  those  leaving,  it  is  possible 
to  place  some  check  upon  the  outflow.  The  British 
citizen,  with  his  greater  personal  liberty,  is  free  to  go 
at  will,  there  being  no  obligation  to  his  Government, 
and  no  requirement  but  the  price  to  hinder  his  leaving. 

The  effect  of  one  system  is  that  the  adventurous, 
the  skilful,  and    desirable   British  citizen  takes  his 


IMMIGRATION  AND  EMIGRATION  LAWS  25 

departure  in  hopes  of  bettering  his  condition,  and  the 
deficient  or  unfortunate  citizen  falls  back  upon  that 
wonderful  institution,  British  charity,  for  his  main- 
tenance, for  British  steamship  companies  are  too  well 
aware  of  the  penalties  involved  to  wittingly  undertake 
the  transportation  of  the  latter  to  America.  The  Con- 
tinental system  is  more  apt  to  result  in  the  desirable 
citizen  being  persuaded  either  by  force,  argument,  or 
promise  of  betterment,  to  stay  at  home,  and  no  obstacle 
being  placed  in  the  path  of  the  pauper,  the  criminal,  or 
the  deficient,  who  can  arrange  for  his  passage  to  a 
foreign  land. 

It  has  as  yet  never  been  seriously  suggested  in 
Great  Britain  that  there  should  be  any  restriction 
placed  upon  emigration,  and  while  it  is  possible  that, 
following  the  enactment  of  a  law  restricting^  immigra- 
tion,  there  may  be  some  agitation  of  the  matter,  it  will 
probably  be  many  years  before  Great  Britain  adopts 
a  form  of  restriction  law  which  is  rapidly  becoming  a 
feature  of  legislation  in  every  Continental  country. 
One  potent  reason  for  this  belief  is  that  on  the  Conti- 
nent the  laws  are  based  upon  minute  control  of  emigra- 
tion l)usiness  and  traffic  to  a  degree  which  would  be 
deeply  resented  by  powerful  British  commercial  and 
transportation  interests. 

The  antagonism  of  these  same  interests  is  felt  even 
in  the  eifort  to  enact  an  immigration  law,  but  the 
positive  and  ever-present  evils  of  unrestricted  immigra- 
tion have  been  so  borne  in  upon  the  wage-earners  of 
Great  Britain,  that  no  "  interest  "  can  long  render  futile 
the  demand  of  the  native  population  that  some  barrier 
be  erected,  not  only  against  the  insanitary  alien,  but 
the  competitive  alien  as  well.  The  English  people  arc 
apparently  unanimous  in  the  belief   that  sonic  law 


26    THE  PROBLEM  OF  THE  IMMIGRANT 

should  be  enacted,  but  there  is  a  vast  difference  of 
opinion  as  to  what  form  this  law  should  take.  Opinion 
ranges  from  a  law  merely  excluding  the  criminal  and 
the  diseased  to  one  giving  the  authorities  not  only  a 
discriminating  power  over  admission,  but  the  right  to 
dictate  the  movements  of  aliens  for  some  years  after 
their  arrival  in  Great  Britain.  The  Bill  as  drawn  and 
introduced  in  the  last  session  of  Parliament  proposed  to 
exclude  the  same  classes  as  are  declared  objectionable 
by  the  American  law,  with  the  exception  of  contract 
labourers,  and  in  addition  to  this  it  was  proposed  to 
give  the  authorities  power  to  prohibit  the  settlement  of 
aliens  in  any  particular  section  or  community,  and  to 
confer  upon  the  courts  the  power  to  exile  any  alien 
convicted  of  a  crime,  the  penalty  for  which  amounted 
to  at  least  three  months  in  prison.  It  is  upon  these  last- 
named  points  that  the  opposition  to  the  political  party 
in  power  has  rested  its  case  in  this  question  of  public 
policy,  and  it  is  possible  that  when  a  law  is  finally 
enacted  it  will  differ  considerably  from  the  measure 
as  first  proposed.  The  underlying  principles  will  be 
practically  the  same,  in  any  case,  however,  as  in  the 
American  law,  and  their  enforcement  will  result  bene- 
ficially not  only  to  Great  Britain,  but  to  the  United 
States  and  the  British  Colonies  as  well. 

For  years  England  has  been  a  sort  of  clearing-house 
for  undesirable  emigration  to  the  United  States  from 
many  countries.  Many  emigrants  rejected  for  passage 
at  Continental  ports  found  it  easier  to  get  to  England 
than  to  return  to  their  homes.  The  enormous  alien  and 
British  emigrant  traffic  from  British  ports  has  resulted 
in  the  refuse  being  left  upon  British  soil.  The  greater 
number  of  deportations  from  the  United  States  arc 
returned  to  England,  even  though  they  may  have  come 


IMMIGRATION  AND  EMIGRATION  LAWS  27 


originally  from  other  foreign  countries.  The  effect  of 
this  upon  British  population  is  almost  indescribable. 
Charitable  institutions,  prisons,  and  hospitals  are 
crowded  with  aliens,  and  some  of  the  trades  are  so 
burdened  with  this  low  grade  of  labour  that  the  British 
workman  is  driven  out. 

The  reactionary  effect  upon  emigration  to  North 
America  is  also  thoroughly  bad,  for  even  if  once  defeated 
in  his  purpose,  the  alien  in  England  never  quite  gives 
up  hope  of  being  able  to  continue  his  journey,  and  in 
many  cases,  with  a  slight  improvement  in  physical  or 
financial  condition,  he  is  able  to  accomplish  it.  No  law 
could  be  adopted  by  a  foreign  country  which  would  be 
of  more  practical  benefit  to  the  United  States  and 
Canada  than  the  Immigration  Restriction  Act  which 
the  English  people  now  have  under  consideration  as  a 
measure  of  self-defence.  The  degree  of  benefit  derived 
by  both  England  and  North  America  from  this  law  will 
depend  upon  the  scope  of  the  measure,  and  especially 
upon  the  regulations  subsequently  provided  for  its 
enforcement.  Under  the  English  system  of  government, 
laws  are  brief  and  comprehensive,  and  the  executive 
power  is  given  wide  authority  in  interpretation.  Should 
the  English  Government  see  fit  to  disregard  criticism 
from  the  Opposition,  and  enact  a  law  which  would  be  as 
all-comprchensivc  as  the  American  law  in  its  application 
to  all  aliens,  whether  stationary  or  in  transit  to  other 
countries,  no  more  desirable  outcome  could  be  hoped  for 
by  those  charged  with  the  great  responsibility  of  ad- 
ministering the  American  and  Canadian  laws  to  the 
utmost  benefit  of  the  people  whom  they  were  designed  to 
protect.  The  advantages  which  would  result  from  such 
a  notable  change  in  the  situation  would  be  felt  almost 
as  fully  and  as  quickly  in  NorthlAmerica  as  in  England. 


28    THE  PEOBLEM  OF  THE  IMMIGRANT 


With  some  slight  exception,  there  is  no  restraint 
upon  immigration  into  any  Continental  country.  Pass- 
ports are  quite  generally  required  of  foreigners,  though 
often  not  demanded  unless  the  visit  to  the  country  be 
extended.  Every  arrival,  however,  is  reported  to  the 
police  within  twenty-four  hours,  and  data  as  to  the 
name  of  the  person,  his  or  her  age,  nationality,  and  pro- 
fession, are  required,  Russia  requires  a  passport  before 
foreigners  are  allowed  to  cross  the  border,  but  this 
country  is  now  an  exception  to  the  general  rule.  To 
take  up  residence  in  Switzerland,  permission  must  be 
secured  from  the  communal  authorities.  France  occu- 
pies a  unique  position  in  requiring  that  immigrants 
entering  the  country  from  the  land  side  shall  have  at 
least  forty  dollars  for  each  adult  and  sixteen  dollars  for 
each  child,  while  those  entering  by  a  seaport  are  re- 
quired to  have  at  least  thirty  dollars  for  each  adult  and 
twelve  dollars  for  each  child.  The  French  laws  and 
regulations  now  in  force  are  designed  not  so  much  for 
the  control  of  immigration  and  emigration  as  for  the 
control  of  the  considerable  and  decidedly  objectionable 
trans-French  emigrant  traffic  from  the  Levant  via 
Marseilles  and  Havre,  or  some  other  French  port. 

The  European  couutries  of  the  Continent  have  given 
forth  over  20,000,000  of  their  population  to  contribute 
to  the  building  up  of  the  North  American  communities. 
In  earlier  years  the  movement  was  from  Germany, 
Scandinavia,  Denmark,  Holland,  and  France,  and  a 
majority  of  the  emigrants  were  of  a  class  welcome  in 
any  part  of  the  world,  especially  where  thrift,  industry, 
and  intelligence  were  needed  to  develop  a  new  country. 
As  opportunity  for  other  than  manual  work  grew  less  in 
the  United  States,  as  the  aral)le  free  land  disappeared, 
and,  indeed,  as  the  supply  of  the  adventurous,  intelligent 


IMMIGRATION  AND  EMIGRATION  LAAVS  29 


emigrants  became  exhausted  in  the  countries  of  origin, 
the  movement  subsided,  but  only  for  a  short  time. 

The  people  of  other  nations,  such  as  Italy,  Austria- 
Hungary,  and  Russia,  discovering  that  it  was  easy  to 
get  to  America,  and  learning  that  conditions  were  far 
more  favourable  there  than  at  home,  then  began  to  move. 
The  tide  rose  rapidly  to  tremendous  volume,  but  the 
high  quality  noted  of  the  earlier  emigration  was  lacking. 
A  distinctly  lower  and  even  dangerous  tone  characterized 
the  more  recent  movement,  and  the  American  people, 
becoming  alarmed  for  the  safety  of  their  institutions, 
legislated  barriers  through  which  immigrants  were  re- 
quired to  pass  before  being  admitted.  At  first,  little  was 
done  in  Europe  to  put  a  stop  to  the  tremendous  loss  of 
population  which  was  threatened,  except  to  demand  that 
every  citizen  should  perform  his  military  service  before 
leaving.  Emigrant  traffic  had  in  the  mean  time  become 
a  most  profitable  business.  Great  fleets  of  vessels  were 
operated  by  reason  of  it,  and  competition  for  passengers 
reached  the  point  where  it  became  absolutely  necessary, 
in  the  interests  of  humanity  as  well  as  public  policy,  to 
put  some  restraint  upon  the  energy  and  enterprise  of 
the  ticket-sellers,  and  to  check,  if  possible,  the  exodus 
of  labourers.  Police  regulations  were  found  entirely 
inadequate  to  cope  with  the  situation. 

In  1860  France  adopted  a  law  which  required  a 
license  for  the  conduct  of  emigration  business,  and 
imposed  some  regulation  upon  shipping  in  the  interest 
of  the  emigrant.  In  187G  Belgium  adopted  a  law 
containing  the  same  provisions  as  the  French  measure, 
but  more  elaborate  as  to  detail.  Emigration  agencies 
were  placed  under  Government  control,  and  an  elaborate 
scheme  of  regulation  for  emigrant  shipping  was  devised. 
These  regulations  arc  now  somewhat  antiquated,  and  a 


30    THE  PROBLEM  OF  THE  IMMIGRANT 


revision  is  under  consideration.  Both  the  French  and 
Belgian  laws  were  evidently  enacted  for  the  purpose  of 
securing,  if  possible,  some  of  the  profitable  emigrant 
traffic  which  was  then  in  progress  through  German 
ports,  and  it  may  be  said  that  a  certain  degree  of  success 
rewarded  the  effort.  The  Belgian  Government  now 
maintains  a  rather  hostile  attitude  towards  any  foreign 
interference  or  even  observation  of  her  emigrant  traffic. 
The  Belgian  Emigration  Commissioners  are  exceedingly 
jealous  of  their  powers,  and  have  constituted  themselves 
the  sole  judges  as  to  the  qualifications  of  those  who 
shall  be  permitted  to  depart.  The  steamship  companies 
operating  between  the  important  emigration  port  of 
Antwerp  and  the  United  States  are  forced  to  dis- 
criminate according  to  the  requirements  of  the  American 
law ;  but,  owing  to  the  attitude  of  the  Belgian  Govern- 
ment, they  are  deprived  of  such  assistance  as  is  rendered 
by  representatives  of  the  American  Government  at  a 
number  of  ports  in  other  countries. 

In  1888  Switzerland  enacted  a  law  which  is  still  in 
force,  and  which  has  served  as  a  model  for  the  law- 
makers of  other  countries  in  framing  similar  legislation. 
Indiscriminate  ticket-selling  was  stopped  by  providing 
for  a  limited  number  of  agencies.  Advertising  was 
prohibited,  and  the  business  of  the  agencies  which  were 
licensed  and  bonded  was  placed  under  the  direct  and 
detailed  supervision  and  inspection  of  Government 
officials.  To  urge  a  Swiss  citizen  to  emigrate  was  made 
a  crime  under  the  law,  and  many  similar  provisions 
were  rigorously  enforced,  to  the  end  that  emigration 
should  be  free  from  any  artificial  stimulus.  The  Swiss 
law,  unlike  some  others  enacted  since,  is  not  entirely 
selfish,  for,  in  the  interest  of  the  emigrant,  an  agent  is 
forbidden  to  forward  any  person  without  a  passport 


IMMIGRATION  AND  EMIGRATION  LAWS  31 

and  identification  paper,  or  any  person  who  cannot  be 
admitted  to  the  country  of  destination.  This  latter 
clause,  while  calculated  to  prevent  loss  and  suffering  to 
the  Swiss  emigrant,  is  also  of  great  value  to  a  country 
like  the  United  States,  and  could  be  to  England  also  if 
the  latter  country  should  adopt  some  form  of  immigrant 
restriction,  for  it  guarantees  the  arrival  of  very  few 
who  need  be  regarded  with  suspicion. 

The  Swiss  law  was  drawn  with  the  purpose  of 
making  emigration  difficult  for  Swiss  citizens.  It  was 
also  framed  so  as  not  to  interfere  with  the  large  and 
profitable  emigration  movement  across  Switzerland  from 
other  countries,  but  in  such  a  manner  as  to  hold  those 
who  handled  it  responsible  for  every  action  detrimental 
to  the  Swiss  people.  Heavy  bonds  were  exacted,  and 
severe  fines  and  penalties  were  provided,  for  all  violations 
of  the  law  or  Government  regulations.  There  is  one 
omission  in  the  Swiss  law  which  is  most  advantageous 
to  the  Swiss  emigration  agencies,  but  a  source  of  con- 
siderable loss  and  trouble  to  Italy.  No  provision  is 
made  whereby  the  Swiss  Government  can  check  a  rate 
war  between  rival  transportation  companies.  This  is 
accomplished  in  Italy  and  Hungary  by  a  clause  in  the 
emigration  laws  of  those  countries,  which  allows  the 
Government  supervision  over  the  rates  at  which  passages 
from  a  native  to  a  foreign  port  can  be  sold.  It  was 
undoubtedly  not  thought  of  as  a  possible  measure  of 
regulation  of  emigration  when  the  Swiss  law  was 
enacted.  The  laws  of  Italy  and  Hungary  are  of 
subsequent  enactment,  but  no  move  has  been  made 
by  the  Swiss  Government  to  take  to  itself  this  impor- 
tant authority  by  further  legislation.  It  will  not  be 
done  in  all  probability,  for  some  time  at  least,  for 
when  steamship  rate  wars  are  in  progress  among  the 


32    THE  PROBLEM  OF  THE  IMMIGRANT 


trans-Atlantic  lines — a  case  in  point  occurring  during 
the  past  year — Italy  maintains  a  fixed  rate  on  vessels 
sailing  from  Italian  ports,  and  the  Swiss  agencies  are 
thus  enabled  to  successfully  compete  with  the  Italian 
agencies,  and  divert  much  business  to  the  northern 
route  by  offering  lower-priced  passages  to  Italian 
emigrants. 

If  all  the  countries  of  Europe  should  enter  into  an 
agreement  to  restrain  emigration  by  requiring  official 
approval  of  the  price  at  which  a  ticket  could  be  sold, 
as  is  now  done  individually  by  Italy  and  Hungary,  and 
will  probably  be  done  within  sixty  days  by  Austria,  the 
result  would  be  most  beneficial,  not  only  to  the  countries 
now  losing  population,  but  to  the  countries  attempting 
to  raise  the  standard  of  admission.  The  effect  of  the 
recent  rate  war  was  unquestionably  most  deplorable 
in  many  of  its  aspects,  not  upon  the  transportation 
companies,  but  upon  the  people  who  were  thus  induced 
to  emigrate,  and  the  countries  called  upon  to  exercise 
renewed  vigilance  in  enforcing  the  laws  against  the 
admission  of  those  likely  to  become  public  charges. 

Up  to  1897  Germany  controlled  emigration  more 
by  police  regulation  than  in  any  other  way.  The 
performance  of  military  service  was  the  test  of  the 
right  of  a  German  citizen  to  leave  his  country. 
Thousands  of  emigrants  evaded  the  Jaw,  and  thus 
voluntarily  exiled  themselves.  It  was  not  until  the 
great  mass  of  German  emigration  recorded  of  the  past 
fifty  years  had  crossed  the  border,  that  the  German 
Government  took  cognizance  of  the  possibility  of  hold- 
ing this  movement  in  check,  and  devised  a  measure 
dealing  with  the  question  in  a  more  scientific  manner. 
The  German  law  of  1897  is  looked  upon  as  one  of  the 
simplest  and  most  effective  of  its  kind.    It  does  not 


IMMIGRATION  AND  EMIGRATION  LAWS  33 


assume  to  give  the  Government  such  detailed  control 
of  private  transportation  interests  as  do  the  laws  of 
some  other  countries,  and  thus  meets  with  heartier 
approval  from  English  and  American  critics. 

In  brief,  the  law  forbids  the  emigration  of  a  German 
citizen  who  has  not  fulfilled  the  requirements  of  his 
military  obligation,  places  the  regulation  of  emigration 
agencies  under  special  Government  officials  appointed 
for  that  purpose,  and  affords  every  emigrant  sailing 
from  a  German  port  full  protection  and  safety  through 
shipping  regulations,  and  fines  and  penalties  for  agents 
who  fail  to  live  up  to  contracts  made  for  transportation. 
Even  the  form  of  contract  which  shall  be  used  in  each 
case  is  especially  designated.  This  law  works  to  the 
benefit  of  foreigners  sailing  from  German  ports,  as  well 
as  of  German  citizens. 

The  emigration  of  German  citizens  has  decreased  of 
late  years,  so  much  so  that  at  the  present  time  only 
between  30,000  and  40,000  are  leaving  the  country 
annually.  American  statistics  would  indicate  a  larger 
movement  than  this,  but  many  German-speaking  resi- 
dents of  other  European  countries  are  accredited  to  the 
German  Empire  by  reason  of  racial  origin.  There  is  an 
enormous  trans-German  emigration  movement,  however, 
and  it  is  in  the  handling  of  several  hundred  thousand 
foreign  emigrants  that  the  administration  has  been 
most  instructive.  Germany  is  the  great  highway  from 
Russia  to  the  West,  and  until  Austria-Hungary  made 
special  arrangements  to  develop  the  Mediterranean  port 
of  Fiume,  by  establishing  a  direct  line  of  steamers  to 
the  United  States,  a  large  proportion  of  the  emigration 
from  the  south  also  sailed  from  German  ports.  This 
great  movement  of  people  is  conducted  to  the  least 
possible  detriment  of  German  citizens,  and  the  highest 

D 


34    THE  PROBLEM  OF  THE  IMMIGRANT 


possible  profit*  of  local  transportation  interests.  There 
can  be  no  loitering  by  the  way,  for  Germany  does  not 
want  these  people,  and  her  police  take  good  care  that 
they  do  not  remain  in  German  territory.  There  can  be 
no  indirect  emigration,  for  the  German  lines  to  the 
United  States  are  keen  competitors  of  the  English  lines, 
and,  if  possible,  every  passenger  for  a  trans-Atlantic 
port  is  forced  to  take  passage  on  a  German  ship.  The 
American  standard  of  admission  is  applied  to  all  who 
seek  to  cross  from  Austria  and  Russia  into  Germany, 
and  thus  the  American  immigration  law  operates  in 
remote  parts  of  the  world  with  a  force  almost  equal  to 
a  local  statute. 

In  1901  the  present  Italian  emigration  law  went 
into  efiect.  Over  2,000,000  citizens  had  left  that 
country  for  the  United  States  in  the  preceding  twenty- 
five  years,  and  some  sections  of  Southern  Italy  had 
become  almost  depopulated  through  this  exodus.  Bad 
economic  conditions  were  responsible  for  the  beginnings 
of  this  movement,  but  encouragement  from  those  who 
had  emigrated,  and  the  activity  of  ticket  agents  in 
persuading  others  to  follow,  increased  the  departures 
from  year  to  year,  until  something  in  the  nature  of  a 
crisis  was  reached.  For  many  years  money  has  been 
sent  from  the  United  States  to  Italy  to  assist  emigra- 
tion. Last  year  nearly  25,000,000  dollars  was  re- 
^  mitted  by  Italians  in  America,  and  most  of  this  money 
was  for  the  purpose  stated.  The  Italian  emigration 
law  is  drawn  with  the  intent  of  meeting  all  of  these 
conditions  so  far  as  is  possible.  The  law  is  lengthy, 
and  the  rules  and  regulations  for  its  enforcement  are 
extraordinarily  detailed.  Some  difficulty  has  been  expe- 
rienced in  (tarrying  them  into  practi(!al  effect,  but  the 
authorities  are  apparently  well  satisfied  that  everything 


IMMIGRATION  AND  EMIGRATION  LAWS  35 


possible  is  being  done  to  check  emigration,  and  care 
for  the  happiness  and  safety,  not  only  of  those  who  take 
passage  abroad,  but  for  these  same  people  after  their 
arrival  in  a  foreign  land. 

The  Italian  law  to  all  intents  and  purposes  puts  the 
business  of  emigrant  transportation  into  the  hands  of 
the  Government,  inasmuch  as  only  a  limited  number  of 
people  can  engage  therein,  and  these  few  are  heavily 
bonded  against  damage  claims,  and  fines  and  penalties 
for  violation  of  the  law.  The  business  is  under  constant 
and  minute  inspection  by  Government  officials  with 
almost  unlimited  power.  No  citizen  can  lawfully 
emigrate  without  the  Government  being  fully  aware 
of  his  intention  and  giving  permission  for  him  to  go. 
Agents  are  not  allowed  to  solicit  business  or  to  advertise. 
Emigrants  can  only  go  to  countries  where  conditions 
meet  with  the  approval  of  the  Italian  Government.  A 
case  in  point  is  Brazil,  to  which  country  went  many 
Italian  emigrants  a  few  years  ago.  Conditions  were 
unfavouraljle,  and  great  distress  followed.  Emigration 
to  Brazil  is  now  prohibited.  Rates  of  passage  to 
trans- Atlantic  countries  must  have  the  approval  of  the 
emigration  officials.  A  special  court  is  created  to  deal 
with  damage  suits,  claims,  and  other  controversies 
arising  between  agents  and  passengers.  Information 
is  furnished  to  intending  emigrants  as  to  conditions  in 
the  countries  of  their  destination.  Foreign  agencies 
are  maintained  to  assist,  protect,  and  help  in  every 
way  Italian  citizens  abroad,  and  special  facilities  are 
provided  for  the  sending  of  money  to  the  home 
country. 

What  is  of  greatest  importance  to  countries  re- 
stricting immigration  is  the  willingness  of  the  Italian 
Government  to  co-operate  in  every  way  to  prevent 


3G     THE  PROBLEM  OF  THE  IMMIGRANT 


violations  of  the  immiojration  laws  of  other  nations. 
American  representatives  stationed  in  Italy  are  given 
almost  official  authority  for  the  inspection  of  emigrants 
and  emigrant-ships  leaving  Italian  ports.  The  law  is 
intended  to  be  restrictive  in  effect,  protective  in 
character,  and  certainly  constitutes  the  most  notable 
effort  ever  made  by  any  country  to  check  and  control 
an  exodus  of  its  citizens.  It  may  be  argued  that,  not- 
withstanding this  law,  the  emigration  from  Italy  is  still 
greater  than  from  any  other  country.  This  is  true,  but 
it  is  also  true  that  no  man  can  say  how  many  thousand 
more  people  would  leave  each  year  but  for  this  restraint. 
All  conditions  in  Italy  have  tended  to  drive  her  people 
forth  to  better  themselves,  and  once  the  army  was  on 
the  march,  momentum  was  maintained  and  increased 
by  the  drawing  power  of  those  gone  before,  as  well  as 
by  the  example  set  by  these  pioneers  for  those  left 
behind.  So  long  as  economic  conditions  in  Southern 
Italy  are  bad,  and  prosperity  is  reported  from  elsewhere, 
just  so  long  will  the  present  movement  continue.  There 
can  be  no  exhaustion  of  supply,  for  the  birth-rate  is 
large  and  the  population  is  increasing  in  spite  of  the 
loss  by  emigration. 

Unfortunately,  however,  the  character  of  the  emi- 
gration is  not  improving — in  fact,  quite  the  contrary. 
The  rising  generation  is  of  the  towns  and  cities  rather 
than  of  the  country.  The  assisted  emigrant  is  not  so 
desirable  as  the  emigrant  who  departs  on  his  own 
initiative.  The  objectionable  feature  of  the  present 
movement  is  largely  counteracted,  however,  by  the 
increasing  vigilance  where  there  is  immigration  restric- 
tion, and  the  friendly  co-operation  of  the  Italian 
Government  in  matters  of  administration. 

In  1903  tlie  Government  of  Hungary,  a  country 


IMMIGRATION  iVND  EMIGRATION  LAWS  37 


which  is  suffering  almost  equally  with  Italy  a  great 
loss  of  population  through  emigration,  put  into  force 
a  restrictive  law,  which  is  up  to  the  present  time  the 
most  drastic  of  its  kind.  In  addition  to  adopting 
practically  all  of  the  features  of  the  Italian  law,  the 
Hungarian  measure  gives  the  Government  the  power 
to  name  the  routes  by  which  emigrants  shall  leave  the 
country,  inasmuch  as  it  serves  notice  that  by  any  other 
route  than  that  designated,  no  Government  protection 
shall  be  given  the  traveller.  This  clause  was  adopted 
to  force  the  development  of  the  port  of  Fiume  on  the 
Mediterranean,  and  it  has  already  resulted  in  a  direct 
line  of  steamers  to  the  United  States  from  that  port, 
and  a  loss  to  the  German  ports  of  a  great  amount  of 
business  formerly  derived  from  Austria-Hungary.  The 
Austrian  Parliament  will  shortly  enact  an  emigration 
law  similar  to  the  one  in  force  in  Hungary.  There  is 
an  interesting  feature  of  the  proposed  Austrian  law, 
however,  which  marks  a  new  departure  in  Government 
control  of  emigration.  In  all  other  European  laws  an 
emigrant  is  defined  as  one  who  goes  abroad  for  long 
and  continued  residence.  The  Austrian  measure  defines 
that  term  as  meaning  any  citizen  who  goes  abroad  to 
cam  his  living.  This  is  evidently  intended  to  give  the 
Government  even  closer  control  over  the  movement  of 
population  than  is  the  case  in  other  countries,  to  apply 
the  law  to  labourers  emigrating  only  for  a  season,  and 
to  those  crossing  the  land  borders  into  neighbouring 
European  countries.  There  is  a  large  emigratitm  from 
Austria-Hungary  into  Roumania,  and  many  thousands 
go  and  come  from  near-by  sections  of  Europe,  their 
movement  depending  upon  the  demand  for  labourers  at 
home. 

The  Russian  Government  maintains  strict  control 


38     THE  PROBLEM  OF  THE  IMMIGRANT 


of  emigration  traffic,  and  the  provisions  of  the  law 
requiring  permission  to  leave  are  most  severe.  Emi- 
gration from  Russia  has  been  particularly  heavy  since 
the  beginning  of  the  war  with  Japan.  The  performance 
of  military  service  is  a  sine  qua  non  for  obtaining  a 
passport ;  but  thousands  of  Russians  have  left  without, 
crossing  the  border  under  the  guidance  of  agents  who 
make  a  business  of  smuggling  emigrants  out  of  the 
country.  As  soon  as  the  border  is  crossed,  the  emi- 
grants are  taken  up  by  the  German  railroad  and 
transported  to  Hamburg  or  Bremen,  from  which  points 
they  go  to  the  United  States,  Holland,  or  England. 

In  the  other  Northern  European  countries,  Holland, 
Denmark,  and  Scandinavia,  emigration  is  carefully 
watched  and  controlled  by  Government  authorities,  to 
the  end  that  the  laws  of  the  respective  countries  shall 
be  observed  in  the  matter  of  departures,  and  the  emi- 
grants themselves  fully  protected  in  their  dealings  with 
transportation  agents  and  ship-owners.  In  Spain  and 
Portugal  the  regulation  of  emigration  is  largely  a  police 
function,  the  enforcement  of  military  service  being 
almost  the  sole  reason  for  any  restraint  upon  the  outward 
movement  of  population, 

France,  therefore,  is  really  the  only  European 
country  which  at  present  makes  a  definite  demand  upon 
an  immigrant  in  deciding  as  to  his  qualifications  for 
admittance,  and  that  demand  is  represented  merely  by 
a  small  sum  of  money,  such  as  is  deemed  sufficient  to 
carry  the  traveller  across  French  territory  or  to  guarantee 
his  maintenance  for  a  reasonable  time  while  arrange- 
ments are  being  made  to  become  self-supporting,  Eng- 
land is  the  only  European  country  in  which  immigration 
restriction  has  become  an  economic  necessity,  and  is,  in 
consequence,  a  live  political  issue. 


IMMIGRATION  AND  EMIGRATION  LAWS  39 


On  the  other  hand,  notwithstanding  the  great  loss 
to  the  population  annually  through  emigration,  England 
is  practically  the  only  European  country  which  does  not 
now  place  considerable  restraint  upon  citizens  contem- 
plating departure. 

The  entire  tendency  of  Continental  legislation  in 
regard  to  immigration  and  emigration  is  now  most 
favourable  to  countries  elsewhere  desiring  to  restrict 
immigration.  The  greater  the  effort  made  by  Con- 
tinental countries  to  keep  their  people  at  home,  the  less 
the  strain  upon  the  immigration  barriers  elsewhere. 
The  situation  is  most  hopeful  from  this  point  of  view. 
Nearly  every  Continental  country  now  compels  an 
emigrant  to  secure  a  passport  or  some  other  form 
of  identification  paper  before  leaving ;  transportation 
interests  are  now  quite  generally  restrained  from 
inciting  emigration ;  and  in  many  countries,  such  as 
Italy,  Hungary,  and  Russia,  economic  or  political  evils 
which  have  the  effect  of  driving  people  from  their 
homes  arc  recognized,  and  no  inconsiderable  effort  is 
being  made  to  remedy  them.  That  these  influences 
are  working  to  the  good  of  all  concerned  there  is  no 
doubt. 

Unfortunately,  good  laws  do  not  always  make  good 
Governments,  and  even  honest  and  intelligent  govern- 
ment is  not  always  entirely  effective.  To  restrain 
desirable  citizens  from  leaving  their  native  land  is  one 
thing  ;  l)ut  to  ignore,  or  even  expedite,  the  departure  of 
paupers,  criminals,  and  deficients,  is  another.  It  is  this 
last-named  feature  of  the  situation  which  prevents 
countries  restricting  immigration  from  reaping  full 
benefit  from  the  restrictive  emigration  legislation  of  the 
Continent;  it  is  because  of  this  tliat  never  for  a  moment 
can  vigilance  relax  in  the  administration  of  exclusion 


40     THE  PROBLEM  OF  THE  IMMIGRANT 


laws.  The  situation  is  grave  and  threatening,  for,  no 
matter  how  favourable  may  be  the  laws  of  Europe  as 
applied  to  emigration,  until  each  nation  is  compelled  by 
sentiment  from  within  or  without  to  bear  its  own  social 
burdens,  they  will  be  unloaded  as  freely  as  possible 
along  the  line  of  least  resistance.  An  emigration  tide, 
unless  thoroughly  policed,  carries  with  it  the  germs  of 
anarchy,  crime,  disease,  and  degeneracy.  Tremendous 
progress  in  the  direction  of  better  control  has  been 
made  throughout  the  world  in  the  past  twenty-five 
years.  Bearing  this  record  of  actual  facts  in  mind, 
uniformity  of  law  and  administration,  and  greater 
regard  among  nations  for  one  another's  safety,  do  not 
appear  to  be  impossibilities  of  the  future. 


CHAPTER  IV 


THE  UNITED  KINGDOM 

The  area  of  the  United  Kingdom  is  121,027  square 
miles,  and  the  total  population  is  41,609,320.  The 
decennial  rate  of  increase  of  population  is  about 
10  per  cent,  of  the  whole,  notwithstanding  the  very 
large  emigration.  In  the  first  half  of  the  last  century 
about  3,500,000  people  emigrated  from  the  British  Isles. 
In  the  fifty  years  from  1853  to  1903  over  13,000,000 
emigrated,  of  whom  9,500,000  were  natives.  By  far 
the  largest  number  of  these  went  to  the  United  States, 
but  during  the  past  two  years  the  movement  to  Canada 
has  grown  until  nearly  25  per  cent,  of  the  native  British 
emigrants  select  this  colony  as  their  destination.  There 
has  been  a  marked  increase  in  the  emigration  movement, 
botli  of  British  and  alien  passengers,  from  British  ports 
during  the  past  year.  The  immigration  returns  of  the 
United  States  Government  show  that  British  immigration 
into  that  country  in  1904  increased  by  one-third  from 
England,  was  about  the  same  from  Ireland,  and  in- 
creased 100  per  cent,  from  Scotland,  as  compared  with 
the  previous  year. 

Over  200,000  aliens  arrive  annually  in  the  United 
Kingdom  from  European  countries.  Considerably  over 
half  of  these  are  en  route  to  other  countries.  The 
number  of   immigrants   who    came   to   the  United 


42    THE  PROBLEM  OF  THE  IMMIGRANT 

Kingdom  in  1904  to  remain  permanently  has  not  yet 
been  officially  declared,  but  probably  aj^proximates 
75,000.  The  total  number  of  British  immigrants 
reported  as  arriving  in  the  United  States  during  the 
past  twelve  months  is  over  80,000.  This  number,  of 
course,  does  not  include  the  emigration  to  Canada, 
other  British  Colonics,  and  foreign  countries  other  than 
the  United  States.  It  is  evident,  therefore,  that  the 
United  Kingdom  suffered  a  net  numerical  loss  from  the 
outward  and  inward  movement  of  population  during 
the  past  year.  During  several  years  preceding  1904 
the  native  emigration  was  practically  balanced  by 
alien  immigration.  Certain  causes  were  instrumental 
during  the  past  year  in  increasing  the  number  of  native 
citizens  who  left  the  United  Kingdom.  Depressed 
conditions  at  home,  low  rates  of  passage  resulting  from 
a  steamship  rate  war,  and  unusual  inducements  offered 
to  skilled  labour  in  North  America,  were  among  the 
reasons  for  the  larger  emigration. 

It  is  not  the  intention,  nor  would  it  be  possible 
here,  to  discuss  the  evils  of  emigration,  or  even  of 
immigration,  as  they  affect  the  economics  of  the  people 
of  the  United  Kingdom.  The  evils  of  emigration  have 
not,  apparently,  aroused  the  British  public  to  the  point 
of  considering  restrictive  measures  other  than  those 
intended  to  ameliorate  conditions,  such  as  the  Irish 
Land  Purchase  Act,  or  the  changes  in  the  national  fiscal 
policy  now  under  discussion.  The  evils  of  unrestricted 
immigration  have  impressed  themselves  most  vividly 
upon  the  public  mind,  and  every  varying  phase  of  the 
question  has  received  widespread  attention,  and  is 
being  thoroughly  discussed  by  those  entirely  competent 
to  deal  with  the  matter  from  a  point  of  intimate 
personal  knowledge  and  thoughtful  investigation. 


THE  UNITED  KINGDOM 


43 


The  simple  statement  that  for  every  native  who 
leaves  the  British  Isles  there  immediately  arrives  one  or 
more  aliens,  drawn,  as  a  rule,  from  the  lower  and 
poverty-stricken  classes  of  Mid-Europe,  to  take  his 
place,  is  sufiicient  to  bring  this  question  home  as  one  of 
the  most  vital  matters  of  public  policy  now  before  the 
nation.  A  striking  point  of  comparison  between  those 
who  leave  and  those  who  arrive  is  found  in  their 
financial  condition.  It  is  a  notorious  fact  that  alien 
immigrants  bring  with  them  little  or  no  money, 
hundreds  of  them  arriving  in  London  without  sufficient 
funds  to  maintain  themselves  for  a  single  week.  The 
immigration  statistics  of  the  United  States  furnish 
evidence  of  the  financial  responsibility  of  British  citizens 
who  leave  their  native  country  to  establish  homes  else- 
where. Immigrants  are  required  there  to  demonstrate 
their  self-supporting  ability,  or  are  liable  to  be  deported 
on  the  ground  of  pauperism.  The  possession  of  a 
reasonable  amount  of  money  is  deemed  satisfactory  if 
the  immigrant  does  not  fall  under  other  prohibitions  of 
the  law,  and  thus  the  officials  are  aljle  to  keep  account 
of  the  funds  in  the  possession  of  arriving  emigrants. 
As  a  rule,  the  better  class  of  emigrants  do  not  show  all 
their  money,  therefore  the  amount  exhibited  is  really 
less  than  that  actually  brought  into  the  country.  In 
1903  British  citizens  took  to  the  United  States  about 
.€500,000  sterling,  which  was  actually  seen  by  the 
Government  officials.  In  1904  over  £1,000,000  sterling 
was  thus  exhibited,  and  it  is  safe  to  assume  that  at 
least  twice  that  amount  .of  money  was  withdrawn  from 
circulation  in  the  United  Kingdom  by  citizens  emi- 
grating to  the  United  States. 

The  deportation  of  undesirable  emigrants  by  the 
United  States  is  a  matter  of  deepest  concern  to  the 


44     THE  PROBLEM  OF  THE  IMMIGRANT 


English  people.  During  the  past  year  about  8000 
aliens  were  refused  admission  to  the  United  States  after 
being  brought  to  an  American  port,  and  they  were  sent 
back.  Of  those  deported  about  4800  were  paupers, 
1600  were  diseased,  and  thirty-five  were  convicts.  Con- 
tract labourers  to  the  number  of  1500  were  also 
prevented  from  landing.  It  is  a  notorious  fact  that 
whereas  most  of  these  deported  emigrants  are  from  the 
Continent,  by  far  the  greatest  number  of  them,  when 
returned,  are  dumped  upon  English  soil,  as  the  cheapest 
and  easiest  way  of  getting  rid  of  an  unprofitable  and 
highly  objectionable  cargo.  The  hospitality  of  England 
is  utilized  to  the  fullest  extent,  and  the  charitable 
institutions  of  the  country  are  ultimately  made  to  bear 
the  brunt  of  the  care  of  these  unfortunates. 

The  mere  fact  that  the  United  States  deports  these 
many  people  in  a  single  year  is  alone  a  sufficient  argu- 
ment for  the  resfulation  of  immigration  into  the  United 
Kingdom.  There  is  every  reason  to  believe  that  the 
enforcement  of  the  American  law  will  become  stricter 
with  each  passing  year,  and  that  further  legislation  will 
shortly  take  place,  raising  the  standard  of  admission, 
and  thereby  increasing  the  number  who  will  be  refused 
a  landing.  Several  European  countries,  not  generally 
looked  upon  as  progressive  in  many  things,  have 
already  taken  legal  and  administrative  steps  to  prevent 
the  landing  of  undesirables.  England  is  practically  the 
only  country  which  still  maintains  a  wide-open  door  for 
whoever  may  sec  fit  to  set  foot  upon  her  soil,  and 
possibly  add  to  the  national  burden  of  relieving  want, 
caring  for  the  afliicted,  or  restraining  the  vicious. 

For  several  years  public  sentiment  in  England  has 
expressed  itself  as  largely  in  favour  of  restriction  of 
immigration.     It  was  not   until   the  Parliamentary 


THE  UNITED  KINGDOM 


45 


session  of  1904,  however,  that  a  Bill  was  presented 
proposing  action  along  these  lines.  This  Bill,  which  is 
given  in  full  later  in  this  chapter,  has  wakened  world- 
wide interest  anion 2:  those  concerned  with  matters  of 
immigration  and  emigration,  and  the  final  action  which 
may  be  taken  by  the  English  Government  in  regard  to 
it  is  awaited  with  keen  interest,  not  to  say  anxiety. 

Under  the  proposed  law  the  English  people  expect 
to  exclude  human  beings  suffering  from  any  infectious 
or  loathsome  disease.  This  is  merely  a  quarantine 
measure,  one  which  has  long  been  enforced  in  many 
countries  far  less  advanced  in  civilization.  It  is  also 
proposed  to  exclude  those  sufiering  from  mental  in- 
capacity, or,  in  other  words,  those  who  would  otherwise, 
as  soon  as  their  condition  was  brought  to  the  notice  of 
the  proper  authorities,  be  sent  to  some  British  institution, 
where  they  would  be  maintained  at  the  expense  of  the 
ratepayers.  The  exclusion  of  criminals,  those  making 
living  through  avowedly  criminal  practice,  and  the 
exclusion  of  persons  of  notoriously  bad  character,  are 
steps  toward  self-protection,  which  would  l)e  recognized 
as  such  l)y  foreign  Governments,  and  excite  no 
comment. 

There  are  two  important  points  in  the  proposed 
English  measure,  however,  which,  if  enacted  into  law, 
will  cause  some  concern  to  the  Governments  of  the 
countries  from  which  the  immigrants  now  come.  One 
of  these  is  the  requiring  of  a  passport  or  certificate  of 
character  from  each  person  who  lands ;  this  passport 
or  certificate  presumal)ly  being  signed  by  a  person  in 
some  official  position,  and  vised  by  a  British  consul  or 
other  representative  at  the  port  of  original  embarkation, 
A  few  of  the  European  countries  now  providi;  the 
macliinery  whereby  such  papers  can  l)e  secured  at  u 


46     THE  PROBLEM  OF  THE  IMMIGRANT 


minimum  cost  l^y  an  intending  emigrant.  In  other 
countries  it  will  have  to  be  created  to  supply  the  need. 
In  Switzerland,  for  instance,  a  citizen  in  good  standing 
can  get  on  short  notice  a  paper  on  which  is  recorded  his 
civil  and  personal  history  from  birth.  In  France  there 
is  no  such  law.  In  former  days,  however,  there  was 
some  provision  made  in  France  for  papers  of  this 
character,  and  the  same  facilities  could  be  revived  ])y 
a  simple  ministerial  decree.  Whether  it  would  be 
necessary  for  the  British  Government  to  do  more  than 
serve  notice  upon  all  foreign  Governments  that  such 
papers  would  be  required  of  emigrants,  is  doubtful. 

The  requirement  of  a  passport  or  identification  paper 
would  work  advantageously  at  both  ends  of  the  journey. 
The  emigrant  under  such  circumstances  could  not  leave 
his  own  country  without  serving  notice  upon  his  Govern- 
ment, and  thus  would  be  unable  to  get  away  without 
fulfilling  all  the  requirements  of  his  citizenship,  military 
or  otherwise.  At  present  the  United  States  docs  not 
require  a  passport  from  an  immigrant,  but  the  matter  is 
now  under  favourable  consideration.  If  England  and 
the  United  States,  these  two  havens  of  refuge,  were 
closed  to  Continental  emigration  of  the  characterless 
kind,  the  countries  of  origin  as  well  as  those  of  des- 
tination would  be  benefited.  Under  these  circumstances 
it  would  appear  that  the  enforcement  of  such  a  require- 
ment could  only  be  considered  by  other  Governments 
concerned  as  a  friendly  act,  one  working  to  their 
material  advantage. 

England  also  proposes  to  exclude  those  who  are 
likely  to  become  a  charge  upon  the  public  funds.  This 
restriction  upon  immigration  is  enforced  by  the  United 
States,  and  the  largest  number  of  deportations  of 
rejected  aliens  is  for  this  cause.    It  is  a  restriction  most 


THE  UNITED  KINGDOM  47 


difficult  of  administration,  and  much  depends  upon  the 
judgment  of  those  framing  the  rules  and  regulations  for 
the  enforcement  of  the  law,  and  upon  the  good  common 
sense  of  those  carrying  them  into  effect.  At  present 
there  is  no  examination  of  emigrants  destined  for 
America  at  the  original  port  of  embarkation  as  to  their 
financial  resources  or  ability  to  take  care  of  themselves 
upon  arrival  in  a  foreign  country,  although  the  United 
States  has  a  self-supporting  requirement  for  admission. 
Should  England  enforce  a  similar  requirement,  it  miglit 
result  in  the  transportation  companies  requiring  of  each 
passenger  that  he  or  she  should  demonstrate  actual 
possession  of  enough  money  to  escape  this  disqualification 
on  arrival.  Up  to  the  present  time  foreign  steamship 
agents  have  not  apparently  been  sufficiently  impressed 
with  the  importance  of  this  feature  of  immigration 
restriction,  although  in  some  cases  agents  selling  tickets 
to  emigrants  bound  for  America  inform  the  purchasers  of 
the  necessity  of  either  having  money  in  their  possession, 
or  of  being  met  by  friends  or  relatives  who  will  guarantee 
their  maintenance. 

A  matter  of  greatest  importance,  and  one  which 
does  not  appear  to  be  clearly  dealt  with  in  the  present 
English  Aliens  Bill,  is  the  treatment  to  be  accorded 
emigrants  who  arc  merely  en  route  to  the  United  States 
or  Canada.  Will  the  prohibition  extend  to  them  as 
well  as  to  tliose  whose  final  destination  is  Encfland  ? 
Will  they  1)e  allowed  to  proceed  to  Liverpool, 
Southampton,  or  some  other  port  of  final  eml)arkation 
under  some  arrangement  wliereby  the  transportation 
agent  will  be  responsible  for  their  care  and  immediate 
.  departure  ?  or  will  they  not  l)e  allowed  to  laud  at  all  ? 

The  administration  of  the  immigration  laws  of  the 
United  SUitea  affords  examplos  of  l)otIi  nictliods.  Tlie 


48     THE  PROBLEM  OF  THE  IMMIGRANT 


admission  of  the  Chinese  to  the  United  States  is  pro- 
hibited, but,  owing  to  treaties  with  foreign  countries. 
Chinamen  en  route  are  allowed  to  cross  the  United 
States  "  in  bond."  They  are  carefully  guarded,  and 
heavy  penalties  are  imposed  for  allowing  them  to 
escape.  On  the  other  hand,  immigrants  of  all  other 
nationalities  coming  under  the  prohibited  classifications 
are  forbidden  to  land  even  if  en  route  for  other  countries. 
In  this  manner  Canada,  as  stated  elsewhere,  shares  in 
the  benefits  of  the  American  law  along  her  entire 
southern  border,  without  expense  to  the  Canadian 
Government,  or  even  any  formal  agreement  between 
the  two  countries.  The  proposed  English  law  appa- 
rently leaves  this  whole  matter  to  the  discretion  of  the 
Home  Secretary,  to  be  dealt  with  subsequently  in 
framing  the  rules  and  regulations  for  the  guidance  of 
emigration  ofiicials.  As  in  the  proposed  Aliens  Bill  the 
same  classifications  of  undesirables  are  adopted  as  are 
found  in  the  American  law,  this  question  of  immigrants 
€71  route  would  not  affect  legitimate  travel  to  the  United 
States  or  Canada.  It  would  evidently  be  to  the  advan- 
tage of  those  countries  to  have  the  British  Government 
refuse  the  bonding  privilege,  for  in  that  case  the 
emigrants  would  be  subjected  to  two  examinations 
before  being  allowed  to  land  in  America,  and  thus 
bring  about  even  a  more  thorough  sorting  out  of  the 
unfit  than  under  the  present  arrangement.  Great 
benefit  would  come  to  the  English  people  from  an 
absolute  prohibition  of  the  landing  of  any  undesirable 
alien  upon  any  ground  whatever.  The  tide  now  flows 
unrestrictedly  into  England,  and  the  present  system  of 
there  eliminating  those  objectionable  to  the  United 
States  and  Canada  results  in  adding  a  most  undesirable 
clement  to  the  population.    One  of  the  greatest  benefits 


THE  UNITED  KINGDOM 


49 


to  England  to  be  derived  from  an  immigration  restriction 
law  would  be  doing  away  with  this  evil. 

The  shipping  laws  of  England  guarantee  full  pro- 
tection and  safety  for  the  emigrant  who  sails  from  a 
British  port.  The  British  quarantine  system  is  most 
effective,  and  no  such  elaborate  rules  and  regulations  to 
be  especially  applied  to  emigrant  traffic  are  needed  as 
are  found  in  the  emigration  laws  of  other  European 
countries. 

The  Aliens  Bill  as  presented  to  Parliament  is  here 
given  in  full,  that  it  may  be  compared  with  the  laws  of 
the  British  Colonies  and  of  the  United  States.  The 
British  Colonies  have  followed  the  example  set  by  the 
United  States  rather  than  endorsed  the  negative  position 
of  the  mother  country.  The  Aliens  Bill  will  also  be 
found  of  interest  when  considered  in  connection  with 
the  emigration  restriction  legislation  of  other  European 
countries  treated  of  in  subsequent  chapters. 

PROPOSED  ALIENS  BILL. 

Be  it  enacted  by  the  King's  most  Excellent  Majesty, 
by  and  with  the  advice  and  consent  of  the  Lords 
Spiritual  and  Temporal,  and  Commons,  in  this  present 
Parliament  assembled,  and  })y  the  authority  of  the 
same,  as  follows  : — 

1. — (I)  The  Secretary  of  State,  after  consultation 
with  the  Board  of  Trade  aud  the  Local  Government 
Board,  may  in  connection  with  alien  immigration  make 
regulations — 

(a)  requiring  the  master  of  any  ship  landing  or 
embarking  passengers  at  any  port  in  the 
United  Kingdom  to  furnish  the  prcscril)ed 
returns  aud  the  prescribed  particulars  with 


50    THE  PROBLEM  OF  THE  IMMIGRANT 


respect  to  any  such  passengers  who  are  aliens 
and  to  give  the  prescribed  facilities  for  the 
execution  by  the  Secretary  of  State  and  any 
officers  acting  under  his  directions  of  their 
duties  under  this  Act  or  any  regulations 
made  thereunder ;  and 

(b)  requiring  any  passenger  brought  on  any  ship  to 

any  port  in  the  United  Kingdom  who  is  an 
alien  to  furnish  the  prescribed  certificates 
and  the  prescribed  particulars  with  respect 
to  his  character  and  antecedents,  and  with 
respect  to  his  proposed  place  of  residence  in 
the  United  Kingdom  and  to  furnish  the 
prescribed  means  of  identification  ;  and 

(c)  requiring  any  such  alien  to  furnish  during  the 

prescribed  time,  not  exceeding  hvo  years  from 
his  last  landing  in  the  United  Kingdom,  the 
prescribed  particulars  with  respect  to  his 
place  of  residence  or  any  change  thereof ; 
and 

{(1)  providing  for  the  inspection  by  officers  appointed 
for  the  purpose  of  any  passengers  who  are 
being  brought  to  any  port  in  the  United 
Kingdom  before  those  passengers  are  lauded  ; 
and 

(e)  for  enforcing  the  prevention  of  uhe  landing  of 
any  alien,  or  the  detention  of  any  alien,  in 
accordance  with  the  provisions  of  this  Act, 
and  the  compliance  Ijy  an  alien  who  is  })cr- 
mitted  to  remain  in  the  United  Kingdom 
with  any  conditions  attached  to  the  permission 
by  the  Secretary  of  State  ;  and 

(/)  for  keeping  the  prescribed  registers  or  records 
of  any  returns,  certificates,  particulars,  or 


THE  UNITED  KINGDOM 


51 


means  of  identification  furnished  under  this 
section,  and  for  rendering  those  registers  and 
records  available  in  the  prescribed  manner 
and  to  the  prescribed  extent  for  use  by  the 
public. 

(2)  Regulations  under  this  section  shall,  as  soon  as 
may  be,  be  laid  before  Parliament,  and  may  apply 
generally,  or  as  respects  special  classes  of  voyages, 
special  classes  of  passengers,  or  special  ports,  and  may 
provide  for  the  enforcement  and  execution  of  the 
regulations  by  the  ofiicers  of  Customs  and  the  officers 
and  men  employed  in  the  coastguard  as  well  as  by 
other  authorities  and  officers. 

(3)  The  expression  "prescribed"  means  prescribed 
by  regulations  under  this  section. 

(4)  The  Registration  of  Aliens  Act,  1836,  is  hereby 
repealed. 

2. — (l)  If,  on  any  inspection  in  pursuance  of  regu- 
lations made  under  this  Act,  it  appears  to  the  inspecting 
officer  that  any  passenger  who  is  being  brought  to  the 
United  Kingdom  is  an  alien  and — 

(a)  comes  under  any  of  the  categories  set  out  in 
Part  I.  of  the  Schedule  to  this  Act ;  or 

{h)  is  sufiering  from  any  infectious  or  loathsome 
disease,  or  from  any  mental  incapacity  ;  or 

(c)  refuses  to  furnish  the  prescribed  certificates, 
particulars,  or  means  of  identification  ; 
the  inspecting  officer  may  prohibit  the  landing  of  that 
passenger  pending  the  decision  of  the  Secretary  of 
State  on  the  case,  or  detain  him  pending  such  decision, 
and  shall  report  the  case  to  the  Secretary  of  State. 

(2)  The  Secretary  of  State  shall,  as  soon  as  may  be, 
consider  tlic  case  of  any  person  so  proliibited  fi'oni  land- 
ing or  detained,  and  make  an  order  cither  confirming 


52    THE  PROBLEM  OF  THE  IMMIGRANT 


the  prohibition  of  the  landing  of  the  passenger  or 
requiring  the  passenger,  within  such  time  as  the  Secre- 
tary of  State  may  fix,  to  leave  the  United  Kingdom, 
and  thereafter  remain  out  of  the  United  Kingdom,  or 
permitting  the  passenger  to  land  or  remain  in  the 
United  Kingdom,  but  the  Secretary  of  State  may,  if  in 
any  case  he  thinks  it  expedient,  attach  to  the  permission 
such  conditions  as,  in  his  opinion,  the  circumstances  of 
the  case  require. 

(3)  If  the  Secretary  of  State  is  satisfied  on  a  repre- 
sentation made  by  any  person  that  an  alien  in  the 
United  Kingdom  comes  under  any  of  the  categories  set 
out  in  Part  II.  of  the  Schedule  to  this  Act,  the  Secretary 
of  State  may,  if  he  thinks  fit,  order  that  that  person 
shall,  within  a  time  fixed  by  the  Secretary  of  State, 
leave  the  United  Kingdom,  and  thereafter  remain  out 
of  the  United  Kingdom,  but  the  Secretary  of  State  shall 
not  act  under  this  section  on  any  representation  made 
more  than  two  years  after  the  alien  has  last  entered  the 
United  Kingdom. 

(4)  The  powers  given  by  this  section  shall  be  in 
addition  to,  and  not  in  derogation  of,  any  other  powers 
given  by  this  Act. 

(5)  An  inspecting  officer,  in  the  execution  of  his 
powers  and  the  performance  of  his  duties  under  this 
section,  shall  act  in  accordance  with  any  general  in- 
structions given  by  the  Secretary  of  State  or  by  the 
Local  Government  Board. 

3. — (l)  Where  any  person  being  an  alien  is  con- 
victed on  indictment  of  any  felony  or  misdemeanor 
and  sentenced  to  penal  servitude  or  imprisonment  with- 
out the  option  of  a  fine,  or  is  convicted  by  a  court  of 
summary  jurisdiction  of  any  offence  for  which  that 
court  has  power  to  impose  imprisonment  for  a  term  of 


THE  UNITED  KINGDOM 


53 


three  months  or  more  without  the  option  of  a  fine,  and 
is  sentenced  for  that  offence  to  imprisonment  without  the 
option  of  a  fine,  the  court  before  whom  the  person  is 
convicted  may,  if  it  thinks  fit,  as  part  of  its  sentence, 
order  that  the  person  convicted,  on  being  released  from 
prison,  shall  within  such  time  as  may  be  fixed  by  the 
order  leave  the  United  Kingdom,  and  thereafter  remain 
out  of  the  United  Kingdom, 

(2)  Section  five  of  the  Penal  Servitude  Act,  1853 
shall  apply  to  any  case  where  His  Majesty  extends  his 
mercy  to  a  person  being  an  alien  convicted  of  a  crime 
punishable  by  death,  on  condition  of  his  leaving  and 
remaining  out  of  the  United  Kingdom  as  provided  by 
this  Act,  with  the  substitution  of  that  condition  for  the 
condition  of  being  kept  to  penal  servitude. 

4. — (1)  If  the  Local  Government  Board  are  satisfied, 
on  the  complaint  of  any  sanitary  authority,  that  the 
dwellings  in  the  district  of  that  authority  or  in  any 
part  of  that  district  are  overcrowded  and  that  the 
immigration  of  aliens  into  that  district  or  part  has 
substantially  contributed  to  that  overcrowding,  the 
Board  may  make  regulations  as  regards  that  district 
or  part  (in  this  Act  referred  to  as  a  prohibited 
area) — 

{(i)  for  defining  the  limits  of  the  prohiljited  area  ; 
and 

(/>)  for  prohibiting  or  regulating  the  dwelling  or 
residence  of  aliens  or  of  any  particular  class 
of  aliens  in  the  prohibited  area  ;  and 

(c)  providing  for  such  other  matters  as  appear  to 
the  Board  necessary  or  expedient  for  the 
purpose  of  giving  effect  to  this  section. 

(2)  The  expression  "  sanitary  authorily "  in  this 
section  means  any  urban  or  rural  sanitary  autliority,  or, 


54    THE  PROBLEM  OF  THE  IMMIGRANT 


in  London,  any  sanitary  authority  within  the  meaning 
of  the  Public  Health  (London)  Act,  1891. 

(3)  The  Local  Government  Board  may,  for  the 
purposes  of  this  section,  hold  such  inquiries  as  they 
think  necessary,  and  subsections  one  and  five  of  section 
eighty-seven  of  the  Local  Government  Act,  1888  (which 
relate  to  local  inquiries),  shall  apply  with  respect  to  any 
inquiry  so  held. 

5.  — (1)  The  Secretary  of  State  may,  in  such  cases 
as  he  thinks  fit,  pay  the  whole  or  any  part  of  the 
expenses  of  the  return  to  his  own  country  of  any  alien 
who  under  the  Act  is  prohibited  from  landing,  or 
ordered  to  leave  the  United  Kingdom,  either  by  a 
Secretary  of  State  or  by  a  court,  and  of  the  detention 
and  maintenance  of  any  such  person  until  his  departure, 
but  any  expenses  so  incurred  shall,  unless  the  Secretary 
of  State  directs  to  the  contrary,  be  recovered  from  the 
alien,  or,  in  the  case  of  an  alien  who  is  prohibited  from 
landing  or  ordered  to  leave  the  United  Kingdom  on 
being  detained  on  landing,  from  the  master  of  the  ship 
by  which  the  alien  has  been  brought  to  the  United 
Kingdom. 

(2)  Any  expenses  under  this  section,  if  recoverable 
from  an  alien,  may  be  recovered  as  a  civil  debt  in 
manner  provided  by  the  Summary  Jurisdiction  Acts, 
and  if  recoverable  from  the  master  of  a  ship,  may  be 
recovered  in  the  same  manner  as  a  fine  on  the  master  of 
a  ship  may  be  recovered  under  the  Merchant  Shipping 
Act,  1894. 

6.  — (1)  If  any  person  fails  to  comply  with  any 
regulation  made,  whether  by  the  Secretary  of  State  or 
the  Local  Government  Board,  under  this  Act,  he  shall, 
in  respect  of  each  olfcnce,  if  lie  is  the  master  of  a  ship, 
be  liable,  on  summary  conviction,  to  a  fine  not  exceeding 


THE  UNITED  KINGDOM 


55 


one  hundred  pounds,  and  if  he  is  an  alien  be  deemed  a 
rogue  and  vagabond  within  the  meaning  of  the  Vagrancy 
Act,  1824,  and  be  liable  to  be  dealt  with  accordingly, 
and  if  he  is  any  other  person,  be  liable,  on  summary  con- 
viction, to  a  fine  not  exceeding  ten  pounds. 

(2)  If  any  person  makes  false  returns,  furnishes  false 
certificates,  particulars,  or  means  of  identification,  or 
gives  false  information  for  the  purposes  of  this  Act,  he 
shall  be  guilty  of  a  misdemeanor. 

(3)  If  any  alien  who  has  been  ordered  by  the  Secre- 
tary of  State  or  by  a  court  under  this  Act  to  leave  the 
United  Kingdom  and  thereafter  to  remain  out  of  the 
United  Kingdom  is  at  any  time  found  within  the  United 
Kingdom  in  contravention  of  the  order,  he  shall  be 
deemed  a  rogue  and  vagabond  within  the  meaning  of 
the  Vagrancy  Act,  1824,  and  be  liable  to  be  dealt  with 
accordingly. 

(4)  The  provisions  of  the  Merchant  Shipping  Act, 
1894,  relating  to  the  prosecution  of  offences  shall  apply 
to  an  offence  by  the  master  of  a  ship  under  this  Act,  as 
they  apply  to  offences  under  that  Act. 

(5)  If  any  question  arises  on  any  proceedings  under 
this  Act,  or  with  reference  to  anything  done  or  proposed 
to  be  done  under  this  Act,  whether  any  person  is  an 
alien  or  not,  the  onus  of  proving  that  that  person  is  not 
an  alien  shall  lie  on  that  person. 

7. — (1)  The  Secretary  of  State  may,  with  the 
sanction  of  the  Treasury  as  to  number,  salary,  and 
remuneration,  appoint  such  officers,  and  emj^lny  such 
persons  as  appear  to  him.  to  be  required  for  the  proper 
administration  of  this  Act,  and  with  the  like  sanction 
provide  such  accommodation  at  any  port  as  may  be 
required  for  the  temporary  detention  of  any  aliens,  or 
for  other  purposes  of  this  Act. 


56    THE  PROBLEM  OF  THE  IMMIGRANT 


(2)  The  salaries  and  remuneration  of  any  person  so 
appointed  or  employed,  and  any  expenses  incurred  under 
this  Act  in  relation  to  the  provision  of  accommodation  or 
the  payment  of  expenses  in  connection  with  an  alien's 
detentioji  or  return  to  his  country  or  othcnvise,  shall,  so 
far' as  not  otherwise  provided  for,  he  defrayed,  up  to  an 
amount  approved  by  the  Treasury,  out  of  moneys  provided 
by  Parliament. 

8.  In  framing  regulations  under  this  Act,  and 
in  otherwise  carrying  out  the  provisions  of  this  Act, 
due  regard  shall  l)e  had  to  any  treaty,  convention, 
arrangement,  or  engagement  with  any  foreign 
country. 

9.  In  this  Act  the  expression  "passenger"  includes 
any  person  carried  in  a  ship  other  than  the  master  and 
crew,  and  the  Board  of  Trade  may  by  order  apply  all 
or  any  of  the  provisions  of  this  Act  which  relate  to 
passengers  to  any  persons  who,  though  members  of  a 
crew  of  a  ship,  are  not  employed  in  the  working  of 
the  ship. 

10.  — (l)  In  the  application  of  this  Act  to  Scotland, 
(a)  A  reference  to  the  Secretary  for  Scotland  shall 

be  substituted  for  a  reference  to  the  Local 
Government  Board ;  and 
(h)  The  expression  "  sanitary  authority "  shall 
mean  the  local  authority  within  tlie  meaning 
of  the  Public  Plealth  (Scotland)  Act,  1897  ; 
and 

(c)  A  reference  to  sub-sections  one  and  three  of 
section  ninety-three  of  the  Local  Government 
(Scotland)  Act,  1889,  shall  be  substituted 
for  a  reference  to  sub-sections  one  and  five  of 
section  eighty-seven  of  the  Local  Government 
Act,  1888  ;  and 


THE  UNITED  KINGDOM 


57 


(d)  The  words  **  in  manner  provided  by  the  Sum- 
mary J urisdiction  Acts  "  occurring  in  section 
five  shall  not  apply  ;  and 

{e)  For  the  words  "  be  deemed  a  rogue  and  vaga- 
bond within  the  meaning  of  the  Vagrancy 
Act,  1824,  and  be  liable  to  be  dealt  with 
accordingly,"  where  occurring  in  section  six, 
shall  be  substituted  the  words  "be  liable,  on 
summary  conviction,  to  be  imprisoned  for  any 
term  not  exceeding  three  months  with  hard 
labour." 

(2)  In  the  application  of  this  Act  to  Ireland, 

(a)  The  Local  Government  Board  for  Ireland  shall 

be  substituted  for  the  Local  Government 

Board  ;  and 

(h)  Sub-sections  one  and  three  of  Article  32  of  the 
Schedule  to  the  Local  Government  (Applica- 
tion of  Enactments)  Order,  1898,  shall  be 
substituted  for  sub-sections  one  and  five  of 
section  eighty-seven  of  the  Local  Government 
Act,  1888  ;  and 

(c)  The  words  "  be  liable,  on  summary  conviction,  to 
imprisonment  for  a  term  not  exceeding  three 
months  with  hard  labour  "  shall  be  substituted 
for  the  words  in  section  six  "be  deemed  a 
rogue  and  vagabond  within  the  meaning  of 
the  Vagrancy  Act,  1824,  and  be  liable  to  be 
dealt  with  accordingly." 

11.  This  Act  may  be  cited  as  the  Alien  Immigration 
Act,  1904,  and  shall  come  into  operation  on  the  lirst 
day  of  January,  nineteen  hundred  and  five. 


58    THE  PROBLEM  OF  THE  IMMIGRANT 


SCHEDULE. 
Part  I. 

Persons  who  have  within  five  years  been  convicted 
in  any  foreign  country  of  any  crime  which  is  an  ex- 
tradition crime  within  the  meaning  of  the  Extradition 
Act,  1870. 
Prostitutes. 

Persons  living  on  the  proceeds  of  prostitution. 
Persons  who  are  likely  to  l)ecome  a  charge  upon  the 
public  funds. 

Persons  having  no  visible  or  probable  means  of 
support. 

Persons  of  notoriously  bad  character. 

Part  II. 

Persons  who  have  within  five  years  been  convicted 
in  any  foreign  country  of  any  crime  which  is  an  ex- 
tradition crime  within  the  meaning  of  the  Extradition 
Act,  1870. 

Persons  of  notoriously  bad  character. 

Persons  who  have  at  any  time  within  twelve  months 
before  the  representation  is  made  been  in  receipt  of  any 
such  parochial  relief  as  disqualifies  a  pcrsoii  for  the 
parliamentary  franchise. 


CHAPTER  V 


THE  BRITISH  COLONIES 

In  British  America,  Australasia,  and  Soutli  Africa,  the 
Colonies  have  adopted  laws  restricting  immigration. 
There  are  no  restrictions  upon  emigration.  The  laws 
regulating  immigration  are  modelled  largely  after  the 
American  law,  though  Australia  is  the  only  Colony 
prohibiting  the  importation  of  contract  labour,  in  fact, 
is  the  only  country  in  the  world  other  than  the  United 
States  which  enforces  this  principle  in  dealing  with 
iramiorration. 

O 

Canada. 

With  a  land  area  of  3,G19,818  square  miles,  Canada 
has  a  population  of  less  than  0,000,000,  or  about  one 
and  a  half  persons  to  the  square  mile.  The  annual 
emigration  is  now  small,  though  1,000,000  Canadians 
have  gone  to  the  United  States  in  the  past  century  or 
less.  Immigration  is  rapidly  increasing,  and  now 
amounts  to  nearly  100,000  persons  annually.  This  is 
due  largely  to  the  exhaustion  of  free  land  in  the 
United  States,  and  the  development,  in  consc<|uenf'.(',  of 
the  Canadian  North-West.  Fully  half  of  the  immi- 
gration into  Canada  is  from  the  United  States,  and 
fully  75  per  cent,  of  all  immigration  is  from  the 
agricultural  classes  of  foreign  countries. 


60    THE  PROBLEM  OF  THE  IMMIGRANT 


The  immigration  restriction  laws  of  Canada  are  only 
administered  with  any  degree  of  activity  upon  the 
western  and  eastern  sea-coasts.  The  provision  in  the 
United  States  law,  which  prevents  prohibited  classes  of 
immigrants  from  landing  in  that  country,  even  if  en 
route  to  some  other  country,  effectually  protects  Canada 
along  her  southern  border.  The  Canadian  Immigra- 
tion  Act  of  1886  makes  the  following  restrictive  provi- 
sions (Ontario,  Manitoba,  and  Quebec  also  have  Acts 
regulating  the  immigration  of  children)  : — 

Sec.  17  provides  for  the  taking  of  a  bond  of 
$300  from  the  master  of  any  vessel  bringing  any 
lunatic,  idiotic,  deaf  and  dumb,  blind,  or  infirm  person, 
to  cover  cost  of  maintenance,  if  becoming  chargeable 
within  three  years,  and  such  person  may  be  reconveyed 
to  the  port  from  which  he  was  carried  to  Canada. 

Sec.  23.  The  Governor-General  may,  by  proclama- 
tion, whenever  he  deems  it  necessary,  prohibit  the 
landing  of  pauper  or  destitute  immigrants  in  all  ports 
or  any  port  in  Canada,  until  such  sums  of  money  as  are 
found  necessary  are  provided  and  paid  into  the  hands  of 
one  of  the  Canadian  immigration  agents,  by  the  master 
of  the  vessel  carrying  such  immigrants,  for  their 
temporary  support  and  transport  to  their  place  of 
destination  ;  and  during  such  time  as  any  such  pauper 
immigrants  would,  in  consequence  of  such  orders,  have 
to  remain  on  board  such  vessel,  the  Governor  in  Council 
may  provide  for  proper  anchorage  grounds  being 
assigned  to  su(-h  vessel,  and  for  such  vessel  being  visited 
and  superintended  by  the  medical  superintendent  or 
any  inspecting  physician  of  the  port  or  quarantine 
station,  and  for  the  necessary  measures  being  taken  to 
prevent  the  rise  or  spread  of  diseases  amongst  the 
passengers  in  such  vessel  and  amongst  people  on  shore. 


THE  BRITISH  COLONIES 


61 


Sec.  24  The  Governor-General  may,  by  proclama- 
tion, whenever  ho  deems  it  necessary,  prohibit  the 
landing  in  Canada  of  any  criminal,  or  other  vicious 
class  of  immigrants  designated  in  such  proclamation, 
except  upon  such  conditions  for  insuring  their  re- 
transportation  to  the  port  in  Europe  whence  they  came 
with  the  least  possible  delay,  as  the  Governor  in 
Council  prescribes  ;  and  such  conditions  may,  if  the 
Governor  in  Council  deems  it  necessary,  include  the 
immediate  return,  or  the  return  with  the  least  possible 
delay,  of  the  vessel  and  such  immigrants  to  the  said 
port — such  prohibited  immigrants  remaining  on  board 
until  such  return  of  the  vessel. 

Chapter  14  of  the  Statutes  of  1902  enacts  as 
follows  : — 

Sec.  1.  The  Immigration  Act,  chapter  65  of  the 
Revised  Statutes,  is  amended  by  inserting  the  following 
section  immediately  after  section  24  : — 

24a.  The  Governor-General  may,  by  proclamation 
or  order,  whichever  he  considers  most 
expedient,  and  whenever  he  deems  it 
necessary,  prohibit  the  landing  in  Canada 
of  any  immigrant  or  other  passenger  who 
is  suffering  from  any  loathsome,  dangerous, 
or  infectious  disease  or  malady,  whether 
such  immigrant  intends  to  settle  in 
Canada,  or  only  intends  to  pass  through 
Canada  to  settle  in  some  other  country. 
2.  Such  prohibition  may  be  absolute,  or  may  bo 
accompanied  .l)y  permission  to  land  for 
medical  treatment  only,  for  a  period  to  be 
determined  as  provided  by  order  or  [)ro- 
clamatioii. 

Sec.  2.  Any  person  landed  in  Canada  from  u  vessel 


62    THE  PROBLEM  OF  THE  IMMIGRANT 


in  contravention  of  the  Immigration  Act  or  any  Order 
in  Council  or  proclamation  lawfully  issued  thereunder, 
or  any  person  landed  for  medical  treatment  who 
remains  in  Canada  in  contravention  of  such  order  or 
proclamation,  may  be  apprehended,  without  a  warrant, 
by  any  immigration  agent  or  other  Government  officer, 
and  may  be  compelled  to  return  or  be  taken  on  board 
the  vessel,  and  by  force,  if  necessary ;  and  every  owner 
or  master  of  a  vessel  who  violates  the  provisions  of  this 
Act,  or  who  aids  or  abets  any  immigrant  or  passenger 
in  acting  in  contravention  of  such  order  or  proclama- 
tion, or  who  refuses  or  neglects  to  take  back  on  board 
the  vessel  any  such  immigrant  or  passenger,  shall  incur 
a  penalty  not  exceeding  ten  hundred  dollars,  and  not 
less  than  one  hundred  dollars  in  the  case  of  each  and 
every  of  such  immigrants  or  passengers. 


Commonwealth  of  Australia. 

With  an  area  of  about  3,000,000  square  miles,  the 
six  Australian  States  have  a  population  of  about 
4,000,000.  The  increase  in  population  during  recent 
years  has  been  small,  but  perceptible.  Severe  drought 
and  other  causes  have  operated  to  retard  development 
of  the  country.  Conditions  have  improved  very  much 
during  the  past  three  years,  and  the  population  is 
increasing  naturally  and  through  immigration  at  a 
much  faster  ratio  than  for  a  decade  previous  to  1902. 
In  1902  the  emigration  from  Australia  amounted  to 
243,507  persons,  and  the  immigration  to  274,105,  a  net 
gain  to  the  country  through  this  cause  of  31,598 
inhabitants.  Immediately  upon  the  accomj)lishment  of 
the  Australian  fedciatiou  an  Immigration  Restriction 
Act  was  adopted,  which  is  as  follows : — 


THE  BRITISH  COLONIES 


63 


1.  This   Act  may  be  cited  as  the  Immigration 
Restriction  Act,  1901. 

2.  In   this  Act,   unless   the   contrary  intention 
appears, — 

"Officer"  means  any  officer  appointed  under  this 

Act,  or  any  Officer  of  Customs  ; 
"  The  Minister  "  means  the  Minister  for  External 

Affairs. 

3.  The  immigration  into  the  Commonwealth  of  the 
I   persons  described  in  any  of  the  following  paragraj)hs 

of  this  section  (hereinafter  called  "  prohibited  immi- 
grants") is  prohibited,  namely  : — 

(a)  Any  person  who  when  asked  to  do  so  by  an 
officer  fails  to  write  out  at  dictation  and  sign 
in  the  presence  of  the  officer  a  passage  of 
fifty  words  in  length  in  an  European  language 
directed  by  the  officer  ; 
(A)  Any  person  likely  in  the  opinion  of  the  Minister 
or  of  an  officer  to  become  a  charge  upon 
the  public  or  upon  any  public  or  charitable 
institution  ; 
(c)  Any  idiot  or  insane  person  ; 
{(I)  Any  person  suffering  from  an  infectious  or  con- 
tagious disease  of  a  loathsome  or  dangerous 
character ; 

Any  person  who  has  within  three  years  been 
convicted  of  an  offence,  not  being  a  mere 
political  offence,  and  has  been  sentenced  to 
imprisonment  for  one  year  or  longer  therefor, 
and  has  not  received  a  pardon  ; 

(/ )  Any  prostitute  or  person  living  on  the  prosti- 
tution of  others ; 

{(/)  Any  persojis  under  a  contract  or  agreement 
to    perform    manual    labour    within  the 


64    THE  PROBLEM  OF  THE  IMMIGRANT 


Commonwealth  :  Provided  that  this  paragraph 
shall  not  apply  to  workmen  exempted  by  the 
Minister  for  special  skill  required  in  Australia 
or  to  persons  under  contract  or  agreement 
to  serve  as  part  of  the  crew  of  a  vessel 
engaged  in  the  coasting  trade  in  Australian 
waters  if  the  rates  of  wages  specified  therein 
are  not  lower  than  the  rates  ruling  in  the 
Commonwealth. 

But  the  following  are  excepted  : — 

(/i)  Any  person  possessed  of  a  certificate  of  exemp- 
tion in  force  for  the  time  being  in  the  form 
in  the  Schedule,  signed  by  the  Minister  or  by 
any  officer  appointed  under  this  Act  whether 
within  or  without  the  Commonwealth  ; 

(i)  Members  of  the  King's  regular  land  or  sea 
forces ; 

(_;')  The  master  and  crew  of  any  public  vessel  of  any 
Government ; 

{k)  The  master  and  crew  of  any  other  vessel  landing 
during  the  stay  of  the  vessel  in  any  port 
in  the  Commonwealth  :  Provided  that  the 
master  shall,  upon  being  so  required  by  any 
officer,  and  before  being  permitted  to  clear 
out  from  or  leave  the  port,  muster  the  crew 
in  the  presence  of  an  officer  ;  and  if  it  is 
found  that  any  person,  who  according  to  the 
vessel's  articles  was  one  of  the  crew  when 
she  arrived  at  the  port,  and  who  would  in 
the  opinion  of  the  officer  be  a  prohibited 
immigrant  but  for  the  conception  contained 
in  this  paragraph,  is  not  present,  then  such 
person  shall  not  be  excepted  by  this  para- 
graph, and  until  the  contrary  is  proved  shall 


THE  BEITISH  COLONIES 


65 


be  deemed  to  be  a  prohibited  immigrant  and 
to  liave  entered  the  Commonwealth  contrary 
to  this  Act ; 

(/)  Any  person  duly  accredited  to  the  Government 
of  the  Commonwealth  by  the  Imperial  or  any 
other  Government,  or  sent  by  any  Govern- 
ment on  any  special  mission  ; 

(m)  A  wife  accompanying  her  husband  if  he  is  not 
a  prohibited  immigrant,  and  all  children 
apparently  under  the  age  of  eighteen  years 
accompanying  their  father  or  mother  if  the 
father  or  mother  is  not  a  prohibited  immi- 
grant ;  but  so  that  the  exceptions  in  this 
paragraph  shall  not  apply  if  suspended  by 
proclamation  ;  and  such  suspension  may  be 
of  general  application  or  limited  to  any  cases 
or  class  of  cases  ; 

(n)  Any  person  who  satisfies  an  officer  that  he  has 
formerly  been  domiciled  in  the  Common- 
wealth or  in  any  colony  which  has  become 
a  State. 

4.  A  certificate  of  exemption  shall  be  expressed  to 
be  in  force  for  a  specified  period  only,  and  may  at  any 
time  be  cancelled  by  the  Minister  by  writing  under  his 
hand. 

Upon  the  expiration  or  cancellation  of  any  such 
certificate,  the  person  named  therein  may,  if  found 
within  the  Commonwealth,  be  treated  as  a  prohibited 
immigrant  offending  against  this  Act  : 

Provided  that  in  the  case  of  a  person  entering  the 
Commonwealth  from  any  vessel  under  this  section,  no 
penalty  shall  attach  to  the  vessel  or  its  masters,  owners, 
or  chiu  tcrcrs. 

5.  — (1)  Any  immigrant  who  evades  an  officer  or  who 

p 


66    THE  PROBLEM  OF  THE  IMMIGRANT 


enters  the  Commonwealth  at  any  place  where  no  officer 
is  stationed,  may  if  at  any  time  thereafter  he  is  found 
within  the  Commonwealth,  be  asked  to  comply  with  the 
requirements  of  paragraph  {a)  of  section  three,  and  shall, 
if  he  fails  to  do  so,  be  deemed  to  be  a  prohibited 
immigrant  offending  against  this  Act. 

(2)  Any  immigrant  may  at  any  time  within  one 
year  after  he  has  entered  the  Commonwealth  be  asked 
to  comply  with  the  requirements  of  paragraph  (a)  of 
section  three,  and  shall,  if  he  fails  to  do  so,  be  deemed 
to  be  a  prohibited  immigrant  offending  against  this  Act. 

6.  Any  prohibited  immigrant  within  the  meaning 
of  paragraph  [a)  only  of  section  three  may  if  thought 
fit  by  an  officer  be  allowed  to  enter  the  Commonwealth 
or  to  remain  within  the  Commonwealth  upon  the  follow- 
ing conditions  : — 

(a)  He  shall  on  entering  the  Commonwealth,  or  on 
failing  to  comply  with  the  requirements  of 
that  paragraph,  deposit  with  an  officer  the 
sum  of  one  hundred  pounds. 

(h)  He  shall  within  thirty  days  after  depositing 
such  sum  obtain  from  the  Minister  a  certificate 
of  exemption  in  the  form  of  the  Schedule,  or 
depart  from  the  Commonwealth,  and  there- 
upon the  deposit  shall  be  returned ;  but 
otherwise  the  deposit  or  any  part  thereof 
may  be  forfeited,  and  he  may  be  treated  as  a 
prohibited  immigrant  offending  against  this 
Act. 

Provided  that  in  the  case  of  a  person  entering  the 
Commonwealth  from  any  vessel  under  this  section  no 
penalty  shall  attach  to  the  vessel  or  its  master,  owners, 
or  charterers. 

7,  Every  prohibited  immigrant  entering  or  found 


THE  BRITISH  COLONIES 


67 


within  the  Commonwealth  in  contravention  or  evasion 
of  this  Act  shall  be  guilty  of  an  offence  against  this 
Act,  and  shall  be  liable  upon  summary  conviction  to 
imprisonment  for  not  more  than  six  months,  and  in 
addition  to  or  substitution  for  such  imprisonment  shall 
be  liable  pursuant  to  any  order  of  the  Minister  to  be 
deported  from  the  Commonwealth. 

Provided  that  the  imprisonment  shall  cease  for  the 
purpose  of  deportation,  or  if  the  offender  finds  two 
approved  sureties  each  in  the  sum  of  fifty  pounds  for 
his  leaving  the  Commonwealth  within  one  month. 

8.  Any  person  who  is  not  a  British  subject  either 
natural-born  or  naturalized  under  a  law  of  the  United 
Kingdom  or  of  the  Commonwealth  or  of  a  State,  and 
who  is  convicted  of  any  crime  of  violence  against  the 
person,  shall  be  liable,  upon  the  expiration  of  any 
term  of  imprisonment  imposed  on  him  therefor,  to 
be  required  to  write  out  at  dictation  and  sign  in  the 
presence  of  an  ofiicer  a  passage  of  fifty  words  in  length 
in  an  European  language  directed  by  the  ofiicer,  and  if 
he  fails  to  do  so  shall  be  deemed  to  be  a  prohibited 
immigrant  and  shall  be  deported  from  the  Common- 
wealth pursuant  to  any  order  of  the  Minister. 

9.  The  master,  owners,  and  charterers  of  any  vessel 
from  which  any  prohibited  immigrant  enters  the 
Commonwealth  contrary  to  this  Act  shall  be  jointly 
and  severally  liable  to  a  penalty  not  exceeding  one 
hundred  pounds  for  each  prohibited  immigrant  so 
entering  the  Commonwealth. 

Provided  that  in  the  case  of  an  immigrant  of 
European  race  or  descent  no  penalty  sliall  be  imposed 
under  this  section  on  any  master,  owner,  or  charterer 
who  proves  to  tlie  satisfaction  of  the  Court  that  he  had 
no  knowledge  of  the  immigrant  being  landed  contrary 


68    TPTE  PROBLEM  OF  THE  IMMIGRANT 


to  this  Act,  and  that  he  took  all  reasonable  precautions 
to  prevent  it. 

10. — (l)  The  Minister,  or  any  collector  of  Customs 
specially  empowered  by  him,  may  by  writing  under  his 
hand  authorize  any  officer  to  detain  any  vessel  from 
which  any  prohibited  immigrant  has,  in  the  opinion  of 
the  officer,  entered  the  Commonwealth  contrary  to  this 
Act ;  and  the  vessel  may  then  be  detained  either  at  the 
place  where  she  is  found,  or  at  any  place  to  which  the 
Minister  or  collector  may  order  her  to  be  brought. 
The  Minister  or  such  collector  shall  forthwith  give 
notice  to  the  owner  or  agent  of  the  vessel  of  the 
detention  of  such  vessel. 

(2)  For  the  purposes  of  the  detention  and  other 
lawful  dealins^  with  the  vessel  the  officer  so  authorized 
shall  be  entitled  to  obtain  such  writ  of  assistance  or 
other  aid  as  is  provided  under  any  law  relating  to  the 
Customs  with  respect  to  the  seizure  of  vessels  or 
goods. 

(3)  The  detention  shall  be  for  safe  custody  only, 
and  shall  cease  if  a  bond  with  two  sufficient  sureties  to 
the  satisfaction  of  the  Minister  or  the  collector  be  given 
by  the  master,  owners,  or  charterers  of  the  vessel  for 
the  payment  of  any  penalty  which  may  be  adjudged 
under  this  Act  to  be  paid  for  the  offence  or  default. 

(4)  If  default  is  made  in  payment  of  any  such 
penalty,  the  officer  may  seize  the  vessel ;  and  the  like 
proceedings  shall  thereupon  be  taken  for  forfeiting  and 
condemning  the  vessel  as  in  the  case  of  a  vessel  seized 
for  breach  of  any  law  relating  to  the  Customs,  and  the 
vessel  shall  be  sold. 

(5)  The  proceeds  of  the  sale  shall  be  applied  first  in 
payment  of  the  penalty  and  of  all  costs  incurred  in  and 
about  the  sale  and  the  proceedings  leading  thereto,  and 


THE  BRITISH  COLONIES 


69 


the  balance  shall  be  paid  to  the  owners  of  or  other 
persons  lawfully  entitled  to  the  vessel  before  condemna- 
tion and  sale. 

11.  No  contract  or  agreement  made  with  persons 
without  the  Commonwealth  for  such  persons  to  perform 
manual  labour  within  the  Commonwealth  whereby  such 
persons  become  prohibited  immigrants  within  the  mean- 
ing of  paragraph  (^)  of  section  three  shall  be  enforceable 
or  have  any  effect. 

12.  — (l)  Any  person  who  in  any  way  wilfully  assists 
any  other  person  to  contravene  or  attempt  to  contravene 
any  of  the  provisions  of  this  Act,  or  makes  or  authorizes 
any  contract  or  agreement  the  performance  of  which 
would  be  a  contravention  of  this  Act,  shall  be  guilty  of 
an  offence  against  this  Act. 

(2)  Any  person  who  makes  or  authorizes  such  con- 
tract or  agreement  shall  be  liable  to  the  Commonwealth 
for  any  expense  incurred  by  the  Commonwealth  in 
respect  of  any  immigrant  prohibited  by  reason  of  the 
contract  or  agreement. 

13.  Any  person  who  is  wilfully  instrumental  in 
bringing  or  attempting  to  bring  into  the  Commonwealth 
any  idiot  or  insane  person  contrary  to  this  Act,  shall, 
in  addition  to  any  other  penalty,  be  liable  to  the 
Commonwealth  for  any  expense  in  respect  of  the  main- 
tenance of  the  idiot  or  insane  person  whilst  within  the 
Commonwealth. 

14.  Every  mem1)er  of  the  police  force  of  any  State, 
and  every  officer,  may  with  any  necessary  assistance 
prevent  any  prohibited  immigrant,  or  person  reasonably 
supposed  to  be  a  prohibited  immigrant,  from  entering 
the  (Jommonwcalth,  and  may  take  all  legal  proceedings 
necessary  for  the  enforcement  of  this  Act. 

15.  Subject  to  any  Act  relating  to  the  puljlic  service. 


70    THE  PROBLEM  OF  THE  IMMIGRANT 


the  Governor-General  may  appoint  officers  for  carrying 
out  this  Act,  and  may  prescribe  their  duties. 

16.  — (1)  The  Governor-General  may  make  regula- 
tions for  carrying  out  this  Act,  and  for  empowering 
officers  to  determine  whether  any  person  is  a  prohibited 
immigrant. 

(2)  All  such  regulations  shall  be  notified  in  the 
Gazette,  and  shall  thereupon  have  the  force  of  law. 

(3)  All  such  regulations  shall  be  laid  before  both 
Houses  of  the  Parliament  within  thirty  days  after  the 
making  thereof  if  the  Parliament  be  then  sitting,  and 
if  not,  then  within  thirty  days  after  the  next  meeting  of 
the  Parliament. 

17.  The  Minister  shall  cause  to  be  made  annually  a 
return  which  shall  be  laid  before  Parliament,  showing 
the  number  of  persons  refused  admission  into  the 
Commonwealth  on  the  ground  of  being  prohibited 
immigrants,  the  nations  to  which  they  belong  and 
whence  they  came,  and  the  grounds  on  whicli  admission 
was  refused  ;  the  number  of  persons  who  passed  the 
test  prescribed  by  paragraph  (a)  of  section  three,  the 
nations  to  which  they  belong  and  whence  they  came  ; 
the  number  of  persons  admitted  to  the  Commonwealth 
without  being  asked  to  pass  the  test,  the  nations  to 
which  they  belong  and  whence  they  came. 

18.  AVherc  no  higher  penalty  is  expressly  imposed, 
a  person  guilty  of  any  offence  against  this  Act,  or 
against  any  regulation  made  thereunder,  shall  be  liable 
on  summary  conviction  to  a  penalty  not  exceeding  fifty 
pounds,  and  in  default  of  payment  to  imprisonment 
with  or  without  hard  labour  for  any  period  not 
exceeding  three  months. 

19.  This  Act  shall  not  apply  to  tlie  immigration  of 
Pacific  Island  labourers  under  the  provisions  of  the 


THE  BEITISH  COLONIES  71 

Pacific  Island  Labourers  Acts,  1880-1892,  of  the  State 
of  Queensland. 

SCHEDULE. 

Commonwealth  of  Austealia. 
Immigration  Restriction  Act,  1901. 

This  is  to  certify  that  ,  of 

,  aged  years,  a  [insert 

trade,  calling,  or  other  description^  is  exempted  for  a 
period  of  from  the  date  hereof 

from  the  provisions  of  the  Immigration  Restriction 
Act,  1901. 

Dated  at  this         day  of  190  . 

Minister  for  External  Affairs 
[or  as  the  case  rfiay  he\. 

Regulations  under  the  above  Act  were  issued  on 
31st  December,  1901  {see  Commonwealth  of  Australia 
Gazette,  3rd  January,  1902). 

The  Pacific  Island  Labourers  Act,  1901,  passed  by 
the  Commonwealth,  enacts  that  no  Pacific  Islanders  are 
allowed  to  enter  Australia  on  or  after  31st  March,  1904, 
nor  to  remain  there  after  3 1st  December,  1906. 

The  various  Australian  States,  with  the  exception 
of  Queensland,  have  each  enacted  immigration  restric- 
tion measures  of  their  own.  These  arc  merely  elabo- 
rations of  the  general  law  or  certain  clauses  particularly 
applicable  to  local  conditions.  The  prohil)itcd  classifi- 
cations are  not  extended,  the  laws  being  in  the  nature 
of  regulations  mostly  for  carriers,  and  provide  punish- 
ment and  penalties  for  violations  thereof. 


72    THE  PROBLEM  OF  THE  IMMIGRANT 


New  Zealand. 

The  New  Zealand  law  is  very  similar  to  the  Aus- 
tralian law,  except  that  there  is  no  provision  for  the 
exclusion  of  contract  labour.  The  prohibitions  are 
included  in  the  following  sections,  provision  being  else- 
where made  that  they  do  not  apply  to  certain  classes  as 
set  forth  in  the  Immigration  Act  of  Australia.  The 
Governor  in  Council  is  also  given  authority  to  provide 
for  exceptions  : — 

3.  Except  in  so  far  as  is  otherwise  provided  in  the 
subsequent  sections  of  this  Act,  it  shall  not  be  lawful 
for  any  person  of  any  of  the  following  classes  (herein- 
after called  "  prohibited  immigrant ")  to  land  in  New 
Zealand,  that  is  to  say  :  — 

(1)  Any  person  other  than  of  British  (including 

Irish)  birth  and  parentage,  who,  when  asked 
so  to  do  by  an  officer  appointed  under  this 
Act  by  the  Governor  fails  to  himself  write 
out  and  sign,  in  the  presence  of  such  officer, 
in  any  European  language,  an  application  in 
the  form  numbered  two  in  the  Schedule 
hereto,  or  in  such  other  form  as  the  Colonial 
Secretary  from  time  to  time  directs  : 

Provided  that  any  person  dissatisfied  with 
the  decision  of  such  officer  shall  have  the 
right  to  appeal  to  the  nearest  Stipendiary 
Magistrate,  who  shall  make  such  inquiries  as 
he  shall  think  fit,  and  his  decision  thereon 
shall  be  final ; 

(2)  Any  idiot  or  insane  person  ; 

(3)  Any  person  suffering  from  a  contagious  disease 

which  is  loathsome  or  dangerous  ; 


THE  BRITISH  COLONIES 


73 


(4)  Any  person  who,  not  having  received  a  free 
pardon,  has  within  two  years  next  preceding 
the  date  on  which  he  lands  been  convicted 
in  any  country  of  any  offence  involving 
moral  turpitude  which,  if  committed  in  New 
Zealand,  would  be  punishable  by  imprison- 
ment for  two  years  or  upwards,  not  being  a 
mere  political  offence  : 
Provided  that  this  section  shall  not  apply  to  ship- 
wrecked persons. 

4.  Any  person  appearing  to  be  a  prohibited  immi- 
grant within  the  meaning  of  section  three  of  this  Act, 
but  not  coming  within  the  meaning  of  subsections  two, 
three,  or  four  of  that  section,  may  lawfully  land  in  New 
Zealand  upon  the  following  conditions,  that  is  to  say  : — 

(1)  He  shall  l)efore  landing,  deposit  with  an  officer 

under  this  Act  the  sum  of  one  hundred 
pounds ; 

(2)  He  shall,  within  the  period  of  fourteen  days 

after  landing,  obtain  from  the  Colonial 
Secretary  or  a  Stipendiary  Magistrate  a 
certificate  that  he  does  not  come  within  the 
prohibition  of  this  Act ; 

(3)  If  within  such  period  he  duly  obtains  such 

certificate,  such  deposit  shall  be  returned  to 
him,  and  he  shall  cease  to  be  subject  to  this 
Act ;  but  if  not,  then  by  force  of  this  Act 
such  deposit  shall  be  forfeited  to  Her  Majesty, 
and  ho  shall  l)e  deemed  to  ])e  a  prohibited 
immigrant  who  has   unlawfully  lauded  in 
New  Zealand  : 
Provided  that  tlie  forfeiture  of  his  deposit  shall  be 
d(;cmcd  to  ])e  in  satisfaction  of  the  penalty  of  one 
hundred  pounds  hereinafter  prescribed,  and  also  that 


74    THE  PROBLEM  OF  THE  IMMIGRANT 


uo  liability  shall  attach  to  the  vessel,  its  master  or 
owners,  by  reason  of  his  having  landed,  except  the 
liability  for  the  expenses  of  his  removal  from  New 
Zealand,  and  of  his  detention  and  maintenance  in  New 
Zealand  pending  such  removal,  as  hereinafter  prescribed. 

5.  In  any  case  where  any  person,  not  being  a  pro- 
hibited immigrant,  lands  in  New  Zealand  accompanied 
by  his  wife  or  children,  such  wife  or  children  shall  not 
be  deemed  to  be  prohibited  immigrants. 

6.  In  any  case  where  any  person  when  landing  in 
New  Zealand  satisfies  an  officer  under  this  Act  that  he 
is  or  formerly  was  domiciled  in  New  Zealand,  and  also 
that  he  docs  not  come  within  the  meaning  of  subsections 
two,  three,  or  four  of  section  three  of  this  Act,  he  shall 
not  be  deemed  to  be  a  prohibited  immigrant. 

7.  In  every  case  where  any  prohibited  immigrant 
unlawfully  lands  in  New  Zealand,  the  following  pro- 
visions shall  apply : — 

(1)  He  is  liable  to  a  penalty  of  one  hundred  pounds. 

(2)  Irrespective  of  such  penalty,  he  is  also  liable  to 

be  removed  from  New  Zealand,  and,  pending 
such  removal,  to  be  detained  in  prison  or 
other  safe  custody  for  any  period  not  exceed- 
ing six  months : 

Provided  that  upon  the  aforesaid  penalty 
of  one  hundred  pounds  being  paid  he  may  at 
any  time  be  released  from  detention  for  the 
purpose  of  being  removed  from  New  Zealand, 
or  upon  his  finding  two  approved  sureties, 
each  in  the  sum  of  fifty  pounds,  that  he  will 
leave  New  Zealand  within  one  month. 
(8)  The  master  and  owner  of  the  vessel  by  which 
he  was  brought  to  New  Zealand  are  jointly 
and  severally  liable — 


THE  BRITISH  COLONIES 


75 


(a)  To  a  penalty  of  one  hundred  pounds 
in  respect  of  each  immigrant ;  and  also 

(b)  To  defray  the  expenses  incurred  by  the 
Government  in  respect  of  such  immigrant's 
removal  from  New  Zealand,  and  of  his  de- 
tention and  maintenance  in  New  Zealand 
pending  such  removal : 

Provided,  however,  that  in  the  case  of  a 
prohibited  immigrant  within  the  meaning  of 
subsection  three  or  subsection  four  of  section 
three  hereof  no  proceedings  shall  be  taken 
against  such  master  or  owner  after  the 
expiration  of  three  months  from  the  date 
of  the  arrival  of  such  vessel  in  any  New 
Zealand  port. 

13.  For  the  purposes  of  the  removal  from  New 
Zealand  of  prohibited  immigrants,  the  following  pro- 
visions shall  apply : — 

(1)  The  Colonial  Secretary,  or  any  person  authorized 
by  him,  may  make  a  contract  with  the  master, 
owner,  or  agent  of  any  vessel  for  the  passage 
of  any  such  immigrant  to  the  port  or  place 
whence  he  came,  or  to  any  port  or  place  in 
or  near  to  his  country  of  birth. 

(i^)  Upon  the  contract  being  made,  such  immigrant 
may,  with  his  personal  eflects,  be  placed  on 
board  such  vessel  ])y  any  officer  under  this 
Act,  or  by  any  officer  of  police,  and  the 
master  shall  keep  such  immigrant  on  1)oard, 
and  (if  uccessary)  under  custody,  until  the 
vessel  has  sailed. 

{'■'>)  If  the  immigrant  appears  to  be  destitute,  the 
officer  placing  him  on  board  may  supply  him 
with  such  sum  of  money  as  the  Colonial 


76    THE  PROBLEM  OF  THE  IMMIGRANT 


Secretary  or  any  person  authorized  Ly  liim 
certifies  to  be  reasonably  required,  in  order 
to  enable  liim  to  maintain  himself  for  one 
month  after  disembarking  from  the  vessel  at 
the  end  of  the  voyage. 

(4)  All  moneys  expended  under  this  section  shall  be 
included  in  computing  the  expenses  incurred 
in  respect  of  the  immigrant's  removal  from 
New  Zealand. 

14.  Every  person  is  liable  to  a  penalty  not  exceed- 
ing one  hundred  pounds  who  in  any  way — 

(1)  Wilfully  assists  a  prohibited  immigrant  to  un- 

lawfully land  in  New  Zealand  ;  or 

(2)  Wilfully  assists  any  person  to  evade  or  con- 

travene any  of  the  provisions  of  this  Act ;  or 

(3)  Obstructs  or  hinders  any  officer  in  the  discharge 

of  his  functions  or  duties  under  this  Act ;  or 

(4)  Commits  any  breach  of  any  of  the  provisions 

of  this  Act  for  which  no  specific  penalty  is 
imposed  by  this  Act  elsewhere  than  in  this 
section. 

Cape  Colony. 

The  Immigration  Act,  1902,  enacts  as  follows  : — 
2,  In  the  construction  of  this  Act  the  following 
expressions  shall,  unless  the  contrary  intention  appears, 
bear  the  meanings  hereby  respectively  assigned  to  them  ; 
that  is  to  say  : — 

"  Ship  "  shall  include  any  ship,  vessel,  or  boat  or 

description  thereof,  used  in  navigation. 
"  Master "  shall  include  any  person  other  than  a 

pilot  in  charge  or  command  of  any  ship. 
"  Prohibited  immigrant  "  shall  mean  and  include  the 
following  persons  : — 


THE  BEITISH  COLONIES 


77 


(a)  Any  person  who,  when  asked  to  do  so  by  any 
duly  authorized  officer,  shall  be  unable 
through  deficient  education  to  himself  write 
out  and  sign,  in  the  characters  of  any  Euro- 
pean language,  an  application  to  the  satis- 
faction of  the  Minister ; 

{h)  Any  person  who  is  not  in  possession  of  visible 
means  of  support  or  is  likely  to  become  a 
public  charge ; 

(c)  Any  person  who  has  been  convicted  of  any  of 
the  following  offences,  that  is  to  say,  murder, 
rape,  theft,  fraud,  perjury,  or  forgery,  and 
who  by  reason  of  the  circumstances  connected 
with  such  offence  is  deemed  by  the  Minister 
to  be  an  undesirable  ; 

{(1)  Any  person  who  is  a  lunatic  within  the  meaning 
of  the  second  section  of  the  Lunacy  Act, 
1897  ; 

{e)  Any  person,  male  or  female,  who  lives  on  or 
knowingly  receives  any  part  of  the  proceeds 
of  prostitution ; 

(/)  Any  person  who  from  information  officially 
received  by  the  Minister  from  any  Secretary 
of  State  or  from  any  Colonial  Minister,  or 
through  diplomatic  channels,  from  any 
Minister  of  any  foreign  country,  is  deemed 
by  the  Minister  to  be  an  undesirable. 

The  usual  exceptions  to  the  operations  of  this  law 
are  provided  for  in  subsequent  sections. 

Natal. 


The  Immigration  Restriction  Act  of  11)03  provides 
as  follows  : — 


78    THE  PROBLEM  OF  THE  IMMIGRANT 


5.  The  immigration  into  Natal,  by  land  or  sea,  of 
any  person  being  or  appearing  to  be  of  any  of  the 
classes  defined  by  the  following  subsections,  hereinafter 
called  "prohibited  immigrant,"  is  prohibited,  namely  : — • 
(a)  Any  person  who,  when  asked  to  do  so  by  any 
duly    authorized  officer,    shall    be  unable 
through  deficient  education  to  himself  write 
out   and  sign,  in  the  characters  of  some 
European  language,  an  application  to  the 
satisfaction  of  the  Minister  ; 
{b)  Any  person  without  visible  means  of  support,  or 
any  person  who  is  likely  to  become  a  pauper 
or  a  public  charge  ; 
(c)  Any  idiot  or  insane  person  ; 
((/)  Any  person   suffering   from   a   loathsome  or 

dangerous  contagious  disease  ; 
(e)  Any  person  who,  not  having  received  a  free 
pardon,  has  been  convicted  in  any  country  of 
treason,  murder,  or  any  crime  for  which  a 
sentence  of  imprisonment  has  been  passed  for 
any  term,  and  who,  by  reason  of  the  circum- 
stances connected  therewith,  is  deemed  to  be 
an  undesirable  immigrant  ; 
(/)  Any  prostitute,  and  any  person  living  on,  or 
receiving,  or  who  may  have  lived   on  or 
received,  any  part  of  the  proceeds  of  the 
prostitution  of  others ; 
{;/)  Any  person  deemed  by  the  Minister  to  be  an 
undcsiral)le  immigrant  in  consequence  of  in- 
formation or  advice  received  from  any  Secre- 
tary of  State  or  Colonial  Minister,  or  through 
diplomatic  channels  or  any  Minister  of  a 
foreign  country,  or  from  any  other  trusted 
source. 


THE  BRITISH  COLONIES 


70 


The  usual  exceptions  are  provided  for,  but  it  is 
worthy  of  note  that  under  the  operation  of  this  law  in 
1903,  British  citizens  to  the  number  of  152,  and  G611 
other  persons,  were  refused  permission  to  enter  Natal. 

SouTHERX  Rhodesia. 

The  Immigration  Restriction  Ordnance  of  1903  im- 
poses restrictions  upon  immigration  along  the  lines  of 
the  Natal  Act. 

Transvaal  and  Orange  River  Colony. 

Permits  are  necessary  at  the  present  time  for  persons 
entering  the  Transvaal  or  Orange  River  Colony.  Such 
persons  must  therefore  apply,  for  the  necessary  permits 
to  enable  them  to  do  so,  to  the  Permit  Secretary, 
Transvaal  and  Orange  River  Colony  Permit  Office  at 
the  port  at  which  they  propose  to  land,  i.e.  Cape  Towu, 
Port  Elizabeth,  East  London,  or  Durban,  or  to  H.M. 
Consul-General  at  Louren90  Marques. 

Under  the  Peace  Preservation  Ordinances  now  in 
force  in  the  Transvaal  and  Orange  River  Colony, 
persons  who  enter  those  Colonies  without  permits  may 
be  ordered  to  leave,  and  if  such  order  is  not  obeyed 
within  a  given  time,  they  will  be  liable  to  fine  and 
imprisonment. 

In  several  of  the  Colonies  there  are  Acts  restricting 
the  immigration  of  Chinese  ;  and  in  some  Colonics  these 
restrictions  have  Ijcen  extended  to  other  Asiatics  and 
coloured  persons. 


CHAPTER  VI 


THE    UNITED  STATES 

The  area  of  the  United  States  is  about  3,500,000  square 
miles,  and  the  population  is  about  80,000,000.  In  the 
past  eighty-five  years  25,000,000  immigrants  have 
arrived  from  foreign  countries,  every  nationality  being 
represented.  Up  to  1894  the  bulk  of  this  immigration 
came  from  the  United  Kingdom  and  Germany,  with 
a  considerable  percentage  from  Scandinavia,  Italy, 
Russia,  and  British  North  America.  It  is  estimated 
that  1,000,000  Canadians  have  left  Canada  to  take 
up  homes  in  the  United  States.  Since  1894  the  immi- 
gration has  originated  principally  in  Russia,  Austria- 
Hungary,  Italy,  and  Scandinavia. 

For  many  years  past  the  United  States  has  had 
some  form  of  immigration  restriction  law  in  force.  As 
the  number  of  immigrants  increased  and  the  percentage 
of  undesirable  aliens  became  greater,  the  laws  were 
made  more  severe,  until,  in  1903,  Congress  passed  the 
Immigration  Restriction  Act  now  in  force.  There  have 
been  certain  political  obstacles  to  the  enactment  of  all 
restriction  legislation,  owing  to  the  large  number  of 
foreign-born  people  who  became  citizens,  and  thus 
exercised  a  voting  privilege.  This  same  influence  still 
hinders  the  securing  of  much-needed  amendments  to 


THE  UNITED  STATES 


81 


the  present  law,  whereby  it  would  be  made  even  more 
restrictive,  and  its  administration  more  efiective.  The 
law  is  now  administered  without  expense  to  the  tax- 
payers by  reason  of  a  head  tax  on  aliens,  which  supplies 
the  Government  with  ample  funds  to  carry  it  into 
effect. 

It  is  probable  that  within  a  reasonable  time  the 
operations  of  this  law  will  be  so  extended  as  to  require 
official  identification  papers  from  every  immigrant,  allow 
of  representatives  of  the  American  Government  being 
stationed  abroad  to  assist  in  the  elimination  of  undesir- 
able emigrants  at  ports  of  embarkation,  and  provide  for 
several  administrative  features  which  have  proved  them- 
selves to  be  desirable  to  give  the  law  its  full  working 
value.  Under  the  American  system  of  government 
specific  legislative  authority  is  required  for  every  detail 
of  administration,  hence  it  usually  takes  a  number  of 
years  and  much  efi'ort  on  the  part  of  the  authorities  to 
bring  a  law  to  a  reasonable  measure  of  perfection. 
Nearly  all  American  administrative  laws  are  the  out- 
growth of  experience,  and  are  therefore  represented,  as 
a  whole,  in  numerous  Acts.  That  the  American  immi- 
gration law  does  restrict  the  movement  of  undesirable 
population  to  the  United  States  and  to  Canada  is  shown 
elsewhere  in  chapters  treating  of  its  relations  to  the 
emigrant  movement  from  other  countries. 

The  United  States  immigration  law  is  here  given 
in  full  under  a  topical  arrangement,  and  following  each 
section  of  the  Law  will  be  found  the  Rules  and  Regu- 
lations which  have  been  made  for  its  enforcement.  It 
is,  up  to  the  present  time,  the  most  far-reaching  measure 
of  its  kind  in  force  in  any  country,  and  tlic  principles 
underlying  it  must  serve  as  the  foundation  for  all  immi- 
gration restriction. 

G 


82    THE  PROBLEM  OF  THE  IMMIGRANT 


UNITED  STATES  IMMIGRATION  LAWS  AND 
REGULATIONS. 

Head  Tax  on  Aliens. 

Be  it  enacted  hy  the  Senate  and.  House  of  Representatives  of 
the  United  States  of  America  in  Congress  assctnhled,  That  thero 
shall  be  levied,  collected,  and  paid  a  duty  of  two  dollars  for  each 
and  every  passenger  not  a  citizen  of  the  United  States,  or  of  the 
Dominion  of  Canada,  the  Eepublic  of  Cuba,  or  of  the  Republic 
of  Mexico,  who  shall  come  by  steam,  sail,  or  other  vessel  from 
any  foreign  port  to  any  port  within  the  United  States,  or  by  any 
railway  or  any  other  mode  of  transportation,  from  foreign  con- 
tiguous territory  to  the  United  States.  The  said  duty  shall  be  paid 
to  the  collector  of  customs  of  the  port  or  customs  district  to  which 
said  alien  passenger  shall  come,  or,  if  there  be  no  collector  at 
such  port  or  district,  then  to  the  collector  nearest  thereto,  by 
the  master,  agent,  owner,  or  consignee  of  every  such  vessel  or 
transportation  line.  The  money  thus  collected  shall  be  paid 
into  the  United  States  Treasury,  and  shall  constitute  a  permanent 
appropriation  to  be  called  the  "immigrant  fund,"  to  be  used 
under  the  duection  of  the  Secretary  of  the  Treasury  to  defray 
the  expense  of  regulating  the  immigration  of  aliens  into  the 
United  States  under  this  Act,  including  the  cost  of  reports  of 
decisions  of  the  Federal  courts,  and  digests  thereof,  for  the  use 
of  the  Commissioner-General  of  Immigration,  and  the  salaries 
and  expenses  of  all  officers,  clerks,  and  employees  appointed  for 
the  purpose  of  enforcing  the  provisions  of  this  Act.  The  duty 
imposed  by  this  section  shall  be  a  lien  upon  the  vessel  which 
shall  bring  such  aliens  to  ports  of  the  United  States,  and  shall 
be  a  debt  in  favoiir  of  the  United  States  against  the  owner  or 
owners  of  such  vessels,  and  the  payment  of  such  duty  may  be 
enforced  by  any  legal  or  equitable  remedy  ;  .  .  . 

Act  approved  March  3,  1903. 

Rule  1.  Collectors  of  customs  shall  collect,  as  pro- 
vided in  section  1  of  the  Act  approved  March  3,  1903, 


THE  UNITED  STATES 


83 


a  duty  of  $2  for  each  and  every  passenger,  not  a  citizen 
of  the  United  States,  or  of  Canada,  or  of  Cuba,  or  of 
Mexico,  who  shall  come  by  steam  or  sail  vessel  from 
any  foreign  port  to  any  port  within  the  United  States ; 
but  no  duty  shall  be  paid  for  such  passengers  pro- 
ceeding in  continuous  transit  through  the  United  States 
to  foreign  territory,  nor  for  those  who  have  once  been 
admitted  to  the  United  States  and  have  paid  the  head 
tax  who  shall  later  go  in  transit  from  one  part  of  the 
United  States  to  another  through  foreign  contiguous 
territory. 

Kegulations  March  13,  1903. 

Sec.  1.  .  .  .  Provided,  That  Ihc  Commissioner-General  of 
Immigration,  under  the  direction  or  with  the  approval  of  the 
Secretaiy  of  the  Treasury,  by  agreement  with  transportation 
lines,  as  provided  in  section  tbhty-two  of  this  Act,  may  arrange 
in  some  other  manner  for  the  payment  of  the  duty  imposed 
by  this  section  upon  aliens  seeking  admission  overland,  either 
as  to  all  or  as  to  any  such  aliens. 

Sec.  32.  That  the  Commissioner-General  of  Immic:ration, 
under  the  du'ection  or  with  the  approval  of  the  Secretary  of  the 
Treasury,  shall  prescribe  rules  for  the  entry  and  inspection  of 
aliens  along  the  borders  of  Canada  and  Mexico,  so  as  not  to  un- 
necessarily delay,  impede,  or  annoy  passengers  in  ordinary 
travel  between  the  United  States  and  said  countries,  and  shall 
have  power  to  enter  into  contracts  with  foreign  transportation 
lines  lor  the  same  purpose. 

Act  approved  March  13,  1903. 

Rule  2.  Under  the  authority  contained  in  the 
proviso  to  section  1  of  the  Act  approved  March  3,  1903, 


84    THE  PROBLEM  OF  THE  IMMIGRANT 


the  duty  of  $2  levied  upon  railways  or  otlier  transpor- 
tation agencies  for  passengers  brought  by  them  overland 
from  foreign  contiguous  territory  shall  be  collected, 
until  otherwise  provided,  in  accordance  with  the  terms 
of  an  agreement  between  the  Commissioner-General 
of  Immigration  and  certain  transportation  companies  of 
the  Dominion  of  Canada  of  date  November  1,  1901. 

Rule  3.  All  such  moneys  so  collected,  as  well  as 
all  moneys  collected  for  rentals  of  exclusive  privileges 
at  United  States  immigrant  stations,  shall  be  deposited 
to  the  credit  of  the  Treasurer  of  the  United  States  on 
account  of  "  immigrant  fund,"  with  an  assistant 
treasurer  of  the  United  States,  or  national-bank 
depositary,  in  the  same  manner  as  other  miscellaneous 
collections  are  reported.  Separate  accounts  of  the 
receipts  and  expenditures  of  money  under  the  Act  shall 
be  rendered  monthly  to  the  Secretary  of  the  Treasury, 
on  forms  to  be  furnished  by  the  Government  for  the 
purpose. 

Rule  5.  The  head  tax  provided  for  in  section  I  of 
the  Act  approved  March  3,  1903,  shall  be  collected  and 
paid  for  every  alien  passenger  not  specifically  excepted 
therein. 

Eegulations  March  13,  1903. 

Sec.  1.  .  .  .  That  there  shall  be  levied,  collected,  and  paid  a 
duty  of  two  dollars  for  each  and  every  passenger  not  a  citizen  of 
the  United  States,  or  of  the  Dominion  of  Canada,  the  llepublic  of 
Cuba,  or  of  the  Ivcpublic  of  Mexico,  .  .  .  the  head  tax  herein  pro- 
vided for  shall  not  bo  levied  upon  aliens  in  transit  through  the 
United  States  nor  upon  aliens  who  have  once  been  admitted  into 
the  United  States,  and  have  paid  the  head  tax  who  later  shall  go 


THE  UNITED  STATES 


85 


iu  transit  from  one  part  of  the  United  States  to  another  through 
foreign  contiguous  territory :  .  .  . 
Act  approved  March  3,  1903. 

Rule  4.  Every  railway  company  or  other  transpor- 
tation agency  claiming  exemption  from  payment  of  the 
head  tax  for  any  passenger  brought  by  it  to  a  point  on 
the  land  boundary  of  the  United  States  for  entry 
thereat,  under  the  exemption  from  such  payment  pro- 
vided in  section  1  of  the  Act  approved  March  3,  1903, 
shall  produce  to  the  appropriate  officer  at  such  point  a 
letter  from  an  immigration  officer  at  or  nearest  to  the 
alleged  residence  of  such  passenger,  stating  that  after 
investigation  said  immigration  officer  has  ascertained 
that  said  passenger  had  already  been  lawfully  admitted 
to  the  United  States,  and  that  the  head  tax  for  his 
admission  had  been  paid  at  the  time  of  such  admission ; 
and  said  company  or  other  transportation  agency  shall 
also  show,  as  evidence  that  the  transit  of  such  passenger 
was  continuous,  the  dated  ticket  issued  to  such  passenger. 

Rule  16.  No  alien  desiring  admission  at  a  port  of 
the  United  States  for  the  professed  purpose  of  pro- 
ceeding directly  therefrom  to  foreign  territory  shall  be 
permitted  to  land  thereat  except  after  deposit  with  the 
collector  of  customs  at  said  port  by  the  master  or  owner 
of  the  vessel  on  which  such  alien  is  brought  of  the 
amount  of  the  head  tax,  $2,  prescribed  by  section  1  of 
the  Act  approved  March  3,  1903,  said  amount  to  l)e 
refunded  upon  proof  satisfactory  to  the  immigration 
oflicer  in  charge  at  the  port  of  arrival  that  said  alien 
has  passed  by  direct  and  continuous  journey  through 
and  out  of  the  United  States. 


Regulations  March  13,  1903. 


86    THE  PROBLEM  OF  THE  IMMIGRANT 


Sec.  1.  .  .  .  The  money  thus  collected  shall  be  paid  into 
the  United  States  Treasury,  and  shall  constitute  a  permanent 
appropriation  to  be  called  the  "immigrant  fund,"  to  be  used 
under  the  direction  of  the  Secretary  of  the  Treasury  to  defray 
the  expense  of  regulating  the  immigration  of  aliens  into  the 
United  States  under  this  Act,  including  the  cost  of  reports  of 
decisions  of  the  Federal  courts,  and  digests  thereof,  for  the  use 
of  the  Commissioner-General  of  Immigration,  and  the  salaries 
and  expenses  of  all  officers,  clerks,  and  employees  appointed  for 
the  purpose  of  enforcing  the  provisions  of  this  Act.  .  .  . 

Sec.  30.  .  .  .  Provided,  That  no  intoxicating  liquors  shall  be 
sold  in  any  such  immigi'ant  station ;  that  all  receipts  accruing 
from  the  disposal  of  such  exclusive  privileges  as  herein  provided 
shall  be  paid  into  the  United  States  Treasury  to  the  credit  of 
tlie  immigrant  fund  provided  for  in  section  one  of  this  Act. 

Act  approved  March  3,  1903. 


Persons  to  whom  Immigration  Laws  apply. 

Sec.  12.  That  upon  tlie  arrival  of  any  alien  by  water  at 
any  port  within  the  United  States,  it  shall  be  the  duty  of  the 
master  ...  to  deliver  to  the  immigration  officers  at  the  port 
of  arrival,  which  shall  .  .  .  state  as  to  each  alien  the  fidl 
name,  etc.  .  .  . 

Sec.  13.  That  all  aliens  arriving  by  water  at  the  ports  of  the 
United  States  shall  be  listed  in  convenient  group.'',  .  .  . 

Sec.  32.  That  the  Commissioner-General  of  Immigration 
.  .  .  shall  prescribe  rides  for  the  entry  and  inspection  of  aliens 
along  the  borders  of  Canada  and  Mexico.  .  .  . 

Sec.  2.  That  the  following  classes  of  aliens  shall  be  excluded 
from  admission  to  the  United  States.  .  ,  . 

Sec.  19.  That  all  aliens  brought   into  this  country  in 


THE  UNITED  STATES  87 

violation  of  law  shall,  if  practicable,  be  immediately  sent  back, 
etc.  .  ,  . 

Act  approved  March  3, 1903. 

Rule  6,  The  provisions  of  the  immigration  laws, 
and  of  regulations  passed  thereunder,  except  those  of 
section  1  of  the  Act  of  March  3,  1903,  in  relation  to 
the  payment  of  the  head  tax,  extend  to  all  persons  not 
citizens  of  the  United  States  either  ])y  birth  or  by 
naturalization  therein. 

Regulations  March  13,  1903. 

Aliens  who  are  Inadmissible. 

Sec.  2.  That  the  following  classes  of  aliens  shall  be  ex- 
cluded from  admission  into  the  United  States.  All  idiots, 
insane  persons,  epileptics,  and  persons  who  have  been  insane 
witliin  five  years  previous ;  persons  who  have  had  two  or  more 
attacks  of  insanity  at  any  time  previously ;  paupers ;  persons 
likely  to  become  a  public  charge ;  professional  beggars  ;  persons 
afHicted  with  a  loathsome  or  with  a  dangerous  contagious 
disease ;  persons  who  have  been  convicted  of  a  felony  or  other 
crime  or  misdemeanour  involving  moral  turpitude ;  polygamists, 
anarchists,  or  persons  who  believe  in  or  advocate  the  overthrow 
by  force  or  violence  of  the  Government  of  the  United  States 
or  of  all  government  or  of  all  forms  of  law,  or  the  assassination 
of  public  officials ;  prostitutes,  and  persons  who  procure  or 
attempt  to  bring  in  prostitutes  or  women  for  the  pm-pose  of 
prostitution ;  those  who  have  been,  within  one  year  from  the 
date  of  the  application  for  admission  to  the  United  States, 
deported  as  being  under  pffers,  solicitations,  promises,  or  agree- 
ments to  perform  labour  or  service  of  some  kind  therein ;  and 
also  any  person  whose  ticket  or  passage  is  paid  for  with 
tlie  money  of  another,  or  who  is  assiste<l  by  ntliors  to  come 
unless  it  is  affinnatively  and  satisfactorily  sljown  that  such 


88    THE  PROBLEM  OF  THE  IMMIGRANT 


person  does  not  belong  to  one  of  the  foregoing  excluded 
classes :  .  .  . 

Act  of  March  3,  1903. 

Sec.  1.  .  .  .  That  the  following  classes  of  aliens  shall  be  ex- 
cluded from  admission  to  the  United  States :  .  .  .  Any  person 
whose  ticket  or  passage  is  paid  for  with  the  money  of  another 
.  .  .  unless  it  is  affirmatively  and  satisfactorily  shown  on  special 
inquiry  that  such  person  does  not  belong  to  .  .  .  the  class  of 
labourers  excluded  by  the  Act  of  February  twenty- sixth,  eighteen 
hundred  and  eighty-five.  .  .  . 

Act  approved  March  3,  1891. 

AN  ACT  to  prohibit  the  importation  and  immigration  of 
foreigners  and  aliens  under  contract  or  agreement  to  per- 
form labour  in  the  United  States,  the  Territories,  and  the 
District  of  Columbia. 

Sec.  8.  That  all  persons  included  in  the  prohibition  in  this 
Act,  upon  arrival,  shall  be  sent  back  to  the  nations  to  which 
they  belong  and  from  whence  they  came.  .  .  . 

Act  approved  February  23,  1887. 

Sec.  11.  That  upon  the  certificate  of  a  medical  officer  of  the 
United  States  Marine-Hospital  Service  to  the  effect  that  a 
rejected  alien  is  helpless  from  sickness,  physical  disability,  or 
infancy,  if  such  alien  is  accompanied  by  anothei  alien  whose 
protection  or  guardianship  is  required  by  such  rejected  alien, 
the  master,  agent,  owner,  or  consignee  of  the  vessel  in  which 
such  alien  and  accompanying  alien  are  brought  shall  be  required 
to  return  such  alien  and  accompanying  alien  in  the  same  manner 
as  vessels  are  required  to  return  other  rejected  aliens. 

Sec.  18.  That  it  shall  bo  the  duty  of  the  owners,  officers, 
and  agents  of  any  vessel  bi'inging  an  alien  to  the  United  States 
to  adopt  du(i  precautions  to  prevent  the  landing  of  any  such 


TPIE  UNITED  STATES  89 


alien  from  such  vessel  at  any  time  or  place  other  than  that 
designated  by  the  immigration  officers,  .  .  .  and  every  such 
alien  so  lauded  shall  be  deemed  to  be  ixnlawfully  in  the  United 
States,  and  shall  be  deported  as  provided  by  law. 

Sec.  38.  That  no  person  who  disbelieves  in  or  who  is 
opposed  to  all  organized  government,  or  who  is  a  member  of  or 
affiliated  with  any  organization  entertaining  and  teacliing  such 
disbelief  in  or  opposition  to  all  organized  government,  or  who 
advocates  or  teaches  the  duty,  necessity,  or  propriety  of  the 
unlawful  assaulting  or  killing  of  any  officer  or  officers,  either 
of  specific  individuals  or  of  officers  generally,  of  the  Government 
of  the  United  States  or  of  any  other  organized  Government, 
because  of  his  or  their  official  character,  shall  be  permitted  to 
enter  the  United  States  or  any  Territory  or  place  subject  to 
the  jurisdiction  thereof.  This  section  shall  be  enforced  by  the 
Secretary  of  the  Treasury  under  such  rules  and  regulations  as 
he  shall  prescribe. 

Act  approved  March  3,  1903. 

Rule  15.  Every  alien  professing  to  seek  a  landing 
for  the  purpose  of  proceeding  directly  through  the 
United  States  to  a  foreign  country  shall  be  examined, 
and,  if  found  to  be  a  member  of  any  one  of  the  ex- 
cluded classes,  shall  be  refused  permission  to  land  in 
the  same  manner  as  though  he  intended  to  remain  in 
the  United  States. 

Rule  20.  Not  over  one  accompanying  alien  (prefer- 
ably the  natural  guardian  or  a  relative)  shall  be  detained 
at  the  expense  of  the  transportation  company  for  the 
purpose  of  caring  for  an  alien  who,  for  any  reason,  is 
detained  for  further  inquiry,  if  the  latter  requires  such 
care.    (See  section  11,  Act  approved  March  3,  1903.) 


Regulations  March  13,  1  f)03. 


90    THE  PROBLEM  OF  THE  IMMIGRANT 


Exceptions  to  ■  Inadmissible  Aliens. 

Sec.  2.  .  .  .  But  this  section  shall  not  be  held  to  prevent 
persons  Kving  in  the  United  States  from  sending  for  a  relative 
or  friend  who  is  not  of  the  foregoing  excluded  classes :  Provided, 
That  nothing  in  this  Act  shall  exclude  persons  convicted  of  an 
offence  purely  political,  not  involving  moral  turpitude:  And 
provided  further,  That  skilled  labour  may  be  imported,  if  labour 
of  like  kind  unemployed  cannot  be  found  in  this  country : 
And  provided  further,  That  the  provisions  of  this  law  applicable 
to  contract  labour  shall  not  be  held  to  exclude  professional 
actors,  artists,  lecturers,  singers,  ministers  of  any  religious 
denomination,  professors  for  colleges  or  seminaries,  persons 
belonging  to  any  recognized  learned  profession,  or  persons 
employed  strictly  as  personal  or  domestic  servants. 

Sec.  37.  That  whenever  an  alien  shall  have  taken  up  his 
permanent  residence  in  this  country,  and  shall  have  filed  liis 
preliminary  declaration  to  become  a  citizen,  and  thereafter  shall 
send  for  his  wife  or  minor  children  to  join  him,  if  said  wife,  or 
either  of  said  children,  shall  be  found  to  be  affected  with  any 
contagious  disorder,  and  if  it  is  proved  that  said  disorder  was 
contracted  on  board  the  ship  in  which  they  came,  and  is  so 
certified  by  the  examining  surgeon  at  the  port  of  arrival,  such 
wife  or  children  shall  be  held,  under  such  regulations  as  the 
Secretary  of  the  Treasury  shall  prescribe,  until  it  shall  be 
determined  wliether  the  disorder  will  be  easily  curable,  or 
whether  they  can  be  permitted  to  land  without  danger  to  other 
persons ;  and  they  shall  not  be  deported  until  such  facts  have 
been  ascertained. 

Act  approved  March  3,  1903, 

Alien  Contract  Labour. 
[Original  Act.] 

AN  ACT  to  prohibit  the  importation  and  immigration  of 
foreigners  and  aliens  under  contract  or  agreement  to  perform 


THE  UNITED  STATES  91 


labour  in  the  United  States,  its  Territories,  and  the  District 
of  Columbia. 

Approved  February  26,  1885. 

[Amendatory  Act.j 

AN  ACT  to  prohibit  the  importation  and  immigration  of 
foreigners  and  aliens  under  contract  or  agreement  to  perform 
labour  in  the  United  States,  the  Territories,  and  the  District 
of  Columbia. 

Sec.  8.  That  all  persons  included  in  the  prohibition  in  this 
Act,  upon  airival,  shall  be  sent  back  to  the  nations  to  which 
they  belong  and  from  whence  they  came. 

Approved  February  23,  1887. 

Sec.  2.  That  the  following  classes  of  aliens  shall  be  excluded 
from  admission  into  the  United  States  .  .  .  those  who  have 
been,  within  one  year  from  the  date  of  the  application  for 
admission  to  the  United  States,  deported  as  being  under  offers, 
solicitation.s,  promises,  or  agreements  to  perform  labour  or 
services  of  some  kind  therein  .  .  .  And  provided  further, 
That  skilled  labour  may  be  imported  if  like  kind  unemployed 
cannot  be  found  in  this  country :  And  provided  further,  That 
the  provisions  of  this  law  applicable  to  contract  labour  shall 
not  be  held  to  exclude  professional  actors,  artists,  lecturers, 
singers,  ministers  of  any  religious  denomination,  professors  for 
colleges  or  seminaries,  persons  belonging  to  any  recognized 
learned  profession  or  persons  employed  strictly  as  personal  or 
domestic  servants. 

Act  approved  March  3,  1903. 

Sec.  2.  That  all  contracts  or  agreements,  express  or  implied, 
parol  or  special,  which  may  hereafter  be  made  by  and  ))etween 
any  person,  company,  pavLntjrship,  or  corporsition,  and  any 
foreigner  or  foreigners,  alien  or  aliens,  to  peribrm  labour  or 


92    THE  PROBLEM  OF  THE  IMMIGRANT 


service  or  having  reference  to  the  performance  of  labour  or 
service  by  any  person  in  the  United  States,  its  Territories, 
or  the  District  of  Columbia,  previous  to  the  migration  or 
importation  of  the  person  or  persons  whose  labour  or  service 
is  contracted  for  into  the  United  States,  shall  be  utterly  void 
and  of  no  effect. 

Act  approved  February  26,  1885. 

Sec.  4.  That  it  shall  be  unlawful  for  any  person,  company, 
partnership,  or  corporation,  in  any  manner  whatsoever,  to  pre- 
pay the  transportation  or  in  any  way  to  assist  or  encourage  the 
importation  or  migration  of  any  alien  into  the  United  States,  in 
pursuance  of  any  offer,  solicitation,  promise,  or  agreement, 
parole  or  special,  expressed  or  implied,  made  previous  to  the 
importation  of  such  alien  to  perform  labour  or  service  of  any 
kind,  skilled  or  unskilled,  in  the  United  States. 

Sec.  5.  That  for  every  violation  of  any  of  the  provisions  of 
section  four  of  this  Act  the  person,  partnership,  company,  or 
corporation  violating  the  same,  by  knowingly  assisting,  en- 
couraging, or  soliciting  the  migration  or  importation  of  any 
alien  to  the  United  States  to  perform  labour  or  service  of  any 
kind  by  reason  of  any  offer,  solicitation,  promise,  or  agreement, 
express  or  implied,  parole  or  special,  to  or  with  such  alien,  shall 
forfeit  and  pay  for  every  such  offence  the  sum  of  one  thousand 
dollars,  which  may  be  sued  for  and  recovered  by  the  United 
States,  or  by  any  person  who  shall  ih'st  bring  his  action  therefor 
in  his  own  name  and  for  his  own  benefit,  including  any  such 
alien  thus  promised  labour  or  service  of  any  kind  as  aforesaid, 
as  dcljts  of  like  amount  are  now  recovered  in  the  courts  of  the 
United  States  ;  and  separate  suits  may  be  brought  for  each  alien 
thus  promised  labour  or  service  of  any  kind  as  aforesaid.  And 
it  sliall  be  the  duty  of  the  district  attorney  of  the  proper  district 
to  prosecute  every  such  suit  when  brought  by  the  United  States. 

Sec.  6.  That  it  shall  be  unlawful  and  be  deemed  a  violation 
of  section  four  of  this  Act  to  assist  or  encourage  the  importa- 
tion or  migration  of  any  alien  by  a  promise  of  employment 
through  advertisements  printed  and  published  in  any  foreign 


THE  UNITED  STATES 


93 


country ;  and  any  alien  coming  to  this  country  in  consequence 
of  such  an  advertisement  shall  be  treated  as  coming  under  a 
promise  or  agreement  as  contemplated  in  section  two  of  this 
Act,  and  the  penalties  imposed  by  section  five  of  this  Act  shall 
be  applicable  to  such  a  case :  Provided,  That  this  section  shall 
not  apply  to  States  and  Territories,  the  District  of  Columbia,  or 
places  subject  to  the  jurisdiction  of  the  United  States  advertising 
the  inducements  they  offer  for  immigration  thereto,  respectively. 

Sec.  7.  That  no  transportation  company  or  owner  or  owners 
of  vessels  or  others  engaged  in  transporting  aliens  into  the  United 
States,  shall,  directly  or  through  agents,  either  by  writing,  print- 
ing, or  oral  representations,  solicit,  invite,  or  encourage  the 
immigration  of  any  aliens  into  the  United  States  except  by 
ordinary  commercial  letters,  circulars,  advertisements,  or  oral 
representations,  stating  the  sailings  of  their  vessels  and  terms 
and  facilities  of  transportation  therein ;  and  for  a  violation  of 
this  provision  any  such  transportation  company  and  any  such 
owner  or  owners  of  vessels,  and  all  others  engaged  in  trans- 
porting aliens  to  the  United  States,  and  the  agents  by  them 
employed,  shall  be  subjected  to  the  penalties  imposed  by  section 
five  of  this  Act. 

Sec.  12.  That  upon  the  arrival  of  any  alien  by  water  at  any 
port  within  the  United  States  it  shall  be  the  duty  of  the  master 
or  commanding  ofl&cer  of  the  steamer,  sailing  or  other  vessel, 
having  said  alien  on  board  to  deliver  to  the  immigration  officers 
at  the  port  of  arrival,  lists  or  manifests  made  at  the  time  and 
place  of  embarkation  of  such  alien  on  board  such  steamer  or 
vessel,  which  shall,  in  answer  to  questions  at  the  top  of  said 
lists,  state  as  to  each  alien  the  full  name,  age,  and  sex ;  whether 
married  or  single;  .  .  .  whether  coming  by  reason  of  any 
offer,  solicitation,  promise  or  agi'eement,  expressed  or  implied, 
to  pel-form  labour  in  the  United  States.  .  .  . 

Skc.  13.  .  .  .  Each  list  or  manifest  shall  be  verified  by  the 
signature  and  the  oath  or  alfirmation  of  the  master  or  command- 
ing officer  or  the  first  or  second  below  him  in  command,  taken 
before  an  immigration  officer  at  the  port  of  airival,  to  the  effect 
that  he  has  caused  the  surgeon  of  said  vessel  sailing  therewith 


94    THE  PROBLEM  OF  THE  IMMIGRANT 


to  make  a  physical  and  oral  examination  of  each  of  said  aliens, 
and  that  from  the  report  of  said  sm-geon  and  from  his  own 
investigation  he  believes  that  no  one  of  said  aliens  is  an  idiot, 
or  insane  person,  or  a  pauper,  or  is  likely  to  become  a  public 
charge,  or  is  suffering  from  a  loathsome  or  a  dangerous  con- 
tagious disease,  or  is  a  person  who  has  been  convicted  of  a 
felony  or  other  crime  or  misdemeanour  involving  moral  turpi- 
tude, or  a  polygamist,  or  an  anarchist,  or  under  promise  or 
agreement,  express  or  implied,  to  perform  labour  in  the  United 
States,  or  a  prostitute,  and  that  also,  according  to  the  best  of 
his  knowledge  and  belief,  the  information  in  said  lists  or 
manifests  concerning  each  of  said  aliens  named  therein  is 
correct  and  true  in  every  respect. 

Sec.  20.  That  any  alien  who  shall  come  into  the  United 
States  in  violation  of  law,  or  who  shall  be  found  a  public 
charge  therein,  from  causes  existing  prior  to  landing,  shall  be 
deported  as  hereinafter  provided  to  the  country  whence  ho 
came  at  any  time  within  two  years  after  arrival  at  the  expense, 
including  one-half  of  the  cost  of  inland  transportation  to  the 
port  of  deportation,  of  the  person  bringing  such  alien  into  the 
United  States,  or,  if  that  can  not  be  done,  then  at  the  expense 
of  the  immigrant  fund  referred  to  in  section  one  of  this  Act. 

Sec.  21.  That  in  case  the  Secretary  of  the  Treasury  shall  be 
satisfied  that  an  alien  has  been  found  in  the  United  States  in 
violation  of  this  Act,  he  shall  cause  such  alien,  within  the 
period  of  three  years  after  landing  or  entry  therein,  to  be  taken 
into  custody  and  returned  to  the  country  whence  he  came,  as 
provided  in  section  twenty  of  this  Act,  or,  if  that  cannot  be  so 
done,  at  the  expense  of  the  immigrant  fund  provided  for  in 
section  one  of  this  Act ;  and  neglect  or  refusal  on  the  part  of 
the  masters,  agents,  owners,  or  consignees  of  vessels  to  comply 
with  the  order  of  the  Secretary  of  the  Treasury  to  take  on 
board,  guard  safely,  and  return  to  the  country  whence  ho  came 
any  alien  ordered  to  be  deported  under  the  provisions  of  this 
section  shall  be  punished  by  the  imposition  of  the  penalties 
prescribed  in  section  nineteen  of  tlds  Act. 

Sec.  24.  .  .  .  Immigration  officers  shall  have  power  to 


THE  UNITED  STATES 


95 


administer  oaths  and  to  take  and  consider  testimony  touching 
the  right  of  any  alien  to  enter  the  United  States,  and,  where 
such  action  may  be  necessary,  to  make  a  written  record  of  such 
testimony,  and  any  person  to  whom  such  an  oath  has  been 
administered  under  the  provisions  of  this  Act  who  shall  know- 
ingly or  wilfully  give  false  testimony  or  swear  to  any  false 
statement  in  any  way  affecting  or  in  relation  to  the  right  of  an 
alien  to  admission  to  the  United  States  shall  be  deemed  guilty 
of  perjury  and  be  punished  as  provided  by  section  fifty-three 
hundred  and  ninety-two,  United  States  Eevised  Statutes.  The 
decision  of  any  such  officer,  if  favourable  to  the  admission  of 
any  alien,  shall  be  subject  to  challenge  by  any  other  immigration 
officer,  and  such  challenge  shall  operate  to  take  the  alien  Avhose 
right  to  land  is  so  challenged  before  a  board  of  special  inquiry 
for  its  investigation.  Every  alien  who  may  not  appear  to  the 
examining  immigrant  inspector  at  the  port  of  arrival  to  be 
clearly  and  beyond  a  doubt  entitled  to  land  shall  be  detained 
for  examination  in  relation  thereto  by  a  board  of  special 
inquiry. 

Sec.  27.  That  no  suit  or  proceeding  for  a  violation  of  the 
provisions  of  this  Act  shall  be  settled,  compromised,  or  dis- 
continued without  the  consent  of  the  court  in  which  it  is 
pending,  entered  of  record,  with  the  reasons  therefor. 

Sec.  28.  That  nothing  contained  in  this  Act  shall  be  construed 
to  affect  any  prosecution  or  other  proceeding,  criminal  or  civil, 
begun  under  any  existing  Act  or  any  Acts  hereby  amended,  but 
such  prosecutions  or  other  proceedings,  criminal  or  civil,  shall 
proceed  as  if  this  Act  had  not  been  passed. 

Sec.  29.  That  the  circuit  and  district  courts  of  the  United 
States  are  hereby  invested  with  full  and  concurrent  jurisdiction 
of  all  causes,  civil  and  criminal,  arising  under  any  of  the 
provisions  of  this  Act. 

Act  approved  March  3,  1903. 

AN  ACT  making  appropriations  for  the  legislative,  executive, 
and  judicial  expenses  of  the  (lovcrnment  for  tlie  fiscal  year 


96    THE  PROBLEM  OF  THE  IMMIGRANT 


ending  June  30, 1896,  and  for  other  purposes,  approved  March 
2,  1895,  under  the  head  "  Bureau  of  Immigration,"  provides  : 
That  the  Superintendent  of  Immigration  shall  hereafter  be 
designated  as  Commissioner-General  of  Immigration,  and,  in 
addition  to  his  other  duties,  shall  have  charge,  under  the 
Secretary  of  the  Treasury,  of  the  administration  of  the  alien 
contract-labour  laws,  etc. 

Diseased  Aliens. 

Sec.  2.  That  the  following  classes  of  aliens  shall  be  ex- 
cluded from  admission  to  the  United  States :  .  .  .  persons 
afflicted  with  a  loathsome  or  with  a  dangerous  contagious 
disease.  .  .  . 

Sec.  9.  That  it  shall  be  unlawful  for  any  person,  including 
any  transportation  company  other  than  railway  lines  entering 
the  United  States  from  foreign  contiguous  territory,  or  the 
owner,  master,  agent,  or  consignee  of  any  vessel  to  bring  to 
the  United  States  any  alien  afflicted  with  a  loathsome  or  with 
a  dangerous  contagious  disease ;  and  if  it  shall  appear  to  the 
satisfaction  of  the  Secretary  of  the  Treasury  that  any  alien  so 
brought  to  the  United  States  was  afflicted  with  such  a  disease 
at  the  time  of  foreign  embarkation,  and  that  the  existence  of 
such  disease  might  have  been  detected  by  means  of  a  competent 
medical  examination  at  such  time,  such  person  or  transportatiou 
company,  or  the  master,  agent,  owner,  or  consignee  of  any  such 
vessel  shall  pay  to  the  collector  of  customs  of  the  customs 
district  in  which  the  port  of  arrival  is  located  the  sum  of  one 
hundred  dollars  for  each  and  every  violation  of  the  provisions 
of  this  section  ;  and  no  vessel  shall  be  granted  clearance  papers 
while  any  such  fine  imposed  upon  it  remains  unpaid,  nor  shall 
such  fine  be  remitted. 

Sec.  10.  That  the  decision  of  the  board  of  special  inquiry, 
hereinafter  provided  for,  l)ased  upon  the  certificate  of  the  ex- 
amining medical  officer,  shall  be  final  as  to  the  rejection  of 
aliens  afflicted  with  a  loathsome  or  with  a  dangerous  contagious 


THE  UNITED  STATES 


97 


disease,  or  with  any  mental  or  physical  disability  which 
would  bring  such  aliens  within  any  of  the  classes  excluded 
from  admission  to  the  United  States  under  section  two  of 
this  Act. 

Sec.  19.  .  .  .  But  no  alien  certified,  as  provided  in  section 
seventeen  of  this  Act,  to  be  suffering  with  a  loathsome  or  with  a 
dangerous  contagious  disease  other  than  one  of  a  quarantinable 
nature,  shall  be  permitted  to  land  for  medical  treatment  thereof 
in  the  hospitals  of  the  United  States. 

Sec.  37.  That  whenever  an  alien  shall  have  taken  up  his 
permanent  residence  in  this  country,  and  shall  have  filed  his 
preliminary  declaration  to  become  a  citizen,  and  thereafter 
shall  send  for  his  wife  or  minor  children  to  join  him,  if  said 
wife,  or  either  of  said  childi-en,  shall  be  found  to  be  affected 
with  any  contagious  disorder,  and  if  it  is  proved  that  said 
disorder  was  contracted  on  board  the  ship  in  which  they  came, 
and  is  so  certified  by  the  examining  surgeon  at  the  port  of 
arrival,  such  wife  or  children  shall  be  held,  under  such  regula- 
tions as  the  Secretary  of  the  Treasury  shall  prescribe,  until  it 
shall  be  determined  whether  the  disorder  will  be  easily  curable, 
or  whether  they  can  be  permitted  to  land  without  danger  to 
other  persons ;  and  they  shall  not  be  deported  xmtil  such  facts 
have  been  ascertained. 

Act  approved  March  3,  1903, 

Rule  13.  The  expenses  incurred  for  the  keeping 
and  maintenance  of  every  alien  temporarily  removed 
from  a  vessel,  as  provided  by  law,  shall  be  borne  by 
the  owner  or  owners  of  the  vessel  upon  which  he  came 
until  he  is  lawfully  landed  or  delivered  on  board  such 
vessel  for  deportation.  ' 

RuLK  17.  Every  alien  who  left  the  port  of  cmlmr- 
kation  in  good  physical  condition,  and  who  would  be 

u 


98    THE  PROBLEM  OF  THE  IMMIGRANT 


qualified  to  land  but  for  some  sickness  or  disability 
other  than  a  loathsome  or  a  dangerous  contagious  disease, 
which  was  contracted  or  which  developed  during  the 
voyage,  may  either  remain  on  shipboard  or  be  removed 
for  hospital  treatment  at  the  expense  of  the  owners  of 
the  vessel  on  which  he  came,  and  while  detained  in 
hospital  he  shall  not  be  considered  as  landed  ;  provided 
that,  if  the  sickness  or  disability  with  which  such  alien 
is  afflicted  is  so  slight,  in  the  judgment  of  the  examining 
medical  officer,  as  not  to  require  treatment  in  hospital, 
and  said  alien  is  able  to  pay  for  the  necessary  medical 
care  he  needs,  he  shall  be  landed.  Requests  by  such 
owners  for  reimbursement  for  hospital  expenses  may  be 
made  only  in  respect  of  aliens  detained  under  the 
provisions  of  this  Rule,  and  then  only  in  a  proper 
manner. 

Rule  26.  No  charge  for  food,  lodging  or  main- 
tenance, or  for  hospital  attendance,  medicines,  or  other 
hospital  expenses,  shall  be  made  in  excess  of  the  actual 
cost  of  furnishing  the  same,  the  intention  being  to  make 
the  service  self-sustaining  without  profit. 

Rule  18.  Any  alien  who  has  been  lawfully  landed, 
but  who  has  become  a  public  charge  from  subsequently 
arising  physical  inability  to  earn  a  living  which  is  likely 
to  be  of  a  permanent  nature,  may,  with  the  approval 
of  the  Bureau  of  Immigration,  be  deported  within  one 
year  from  date  of  landing  at  the  expense  of  the  immi- 
grant fund,  provided  that  such  alien  is  delivered  to  the 
immigration  officers  at  a  designated  port  free  of  charge, 
and  the  charges  incurred  for  the  care  and  treatment  of 
any  such  alien  in  any  public  or  charitable  institution 


THE  UNITED  STATES 


99 


from  the  date  of  notification  to  the  Bureau  of  Immi- 
gration until  the  expiration  of  one  year  after  landing 
may  be  paid  from  the  immigrant  fund  at  fixed  rates 
agreed  upon, 

Eegulations  March  13,  1903. 

Aliens  in  Transit, 

Sec,  1.  .  .  .  The  head  tax  herein  provided  for  shall  not  be 
levied  upon  aliens  in  transit  through  the  United  States,  nor 
upon  aliens  who  have  once  been  admitted  into  the  United 
States  and  have  paid  the  head  tax  who  later  shall  go  in  transit 
from  one  part  of  the  United  States  to  another  through  foreign 
contiguous  territory. 

Act  approved  March  3,  1903. 

Rule  4.  Every  railway  company  or  other  trans- 
portation agency  claiming  exemption  from  payment  of 
the  head  tax  for  any  passenger  brought  by  it  to  a  point 
on  the  land  boundary  of  the  United  States  for  entry 
thereat,  under  the  exemption  from  such  payment  provided 
in  section  1  of  the  Act  approved  March  3,  1903,  shall 
produce  to  the  appropriate  officer  at  such  point  a  letter 
from  an  immigration  officer  at,  or  nearest  to,  the  alleged 
residence  of  such  passenger,  stating  that  after  investiga- 
tion said  immigration  officer  has  ascertained  that  said 
passenger  had  already  been  lawfully  admitted  to  the 
United  States,  and  that  the  head  tax  for  his  admission 
had  been  paid  at  the  time  of  such  admission  ;  and  said 
company  or  other  transportation  agency  shall  also  show, 
as  evidence  that  the  transit  of  such  passenger  was 
continuous,  the  dated  ticket  issued  to  such  passenger. 

Rule  15.  Every  alien  professing  to  seek  a  lauding 


100  THE  PROBLEM  OF  THE  IMMIGRANT 


for  the  purpose  of  proceeding  directly  through  the 
United  States  to  a  foreign  country  shall  be  examined, 
and,  if  found  to  be  a  member  of  any  one  of  the  excluded 
classes,  shall  be  refused  permission  to  land  in  the  same 
manner  as  though  he  intended  to  remain  in  the  United 
States. 

Rule  16.  No  alien  desiring  admission  at  a  port  of 
the  United  States  for  the  professed  purpose  of  pro- 
ceeding directly  therefrom  to  foreign  territory,  shall  be 
permitted  to  land  thereat  except  after  deposit  with  the 
collector  of  customs  at  said  port,  by  the  master  or 
owner  of  the  vessel  on  which  such  alien  is  brought,  of 
the  amount  of  the  head  tax,  $2,  prescribed  by  section  1 
of  the  Act  approved  March  3,  1903,  said  amount  to  be 
refunded  upon  proof  satisfactory  to  the  immigration 
officer  in  charge  at  the  port  of  arrival  that  said  alien 
has  passed  by  direct  and  continuous  journey  through 
and  out  of  the  United  States. 

Regulations  March  13,  1903. 


CHAPTER  VII 


THE  UNITED  STATES  {continued) 
Aliens  who  become  Public  Charges. 

Sec.  20.  That  any  alien  who  shall  come  into  the  United 
States  in  violation  of  law,  or  who  shall  be  found  a  public  charge 
therein,  from  causes  existing  prior  to  landing,  shall  be  deported 
as  hereinafter  provided  to  the  country  whence  he  came  at  any 
time  within  two  years  after  arrival,  at  the  expense,  including 
one-half  of  the  cost  of  inland  transportation  to  the  port  of 
deportation,  of  the  person  bringing  such  alien  into  the  United 
States,  or,  if  that  cannot  be  done,  then  at  the  expense  of  the 
immigrant  fund  referred  to  in  section  one  of  this  Act. 

Sec.  21.  That  in  case  the  Secretary  of  the  Treasury  shall  be 
satisfied  that  an  alien  has  been  found  in  the  United  States  in 
violation  of  this  Act,  he  shall  cause  such  alien,  within  the 
period  of  three  years  after  landing  or  entry  therein,  to  be  taken 
into  custody  and  returned  to  the  country  whence  he  came,  as 
provided  in  section  twenty  of  this  Act,  or,  if  that  cannot  be  so 
done,  at  the  expense  of  the  immigrant  fund  provided  for  in 
section  one  of  this  Act ;  and  neglect  or  refusal  on  the  part  of  the 
masters,  agents,  owners,  or  consignees  of  vessels  to  comply  with 
the  order  of  the  Secretary  of  the  Treasury  to  take  on  board, 
guard  safely,  and  return  to  the  country  whence  he  came,  any 
alien  ordered  to  bo  deported  under  the  provisions  of  this 
section  shall  be  puiiislie<l  by  the  imposition  of  the  penalties 
prescribed  in  section  nineteen  of  this  Act. 

Sec.  22.  .  .  .  And  it  shall  be  the  duty  of  the  Commissioner- 
General  of  Immigration  to  detail  oflicers  of  th(>  immigration 


102  THE  PEOBLEM  OF  THE  IMMIGRANT 


service  from  time  to  time  as  may  be  necessary,  in  his  judgment, 
to  secure  information  as  to  the  number  of  aliens  detained  in 
the  penal,  reformatory,  and  charitable  institutions  (public  and 
private)  of  the  several  States  and  Territories,  the  District  of 
Columbia,  and  other  territory  of  the  United  States,  and  to 
inform  the  officers  of  such  institutions  of  the  provisions  of  law 
in  relation  to  the  deportation  of  aliens  who  have  become  public 
charges :  .  .  . 

Sec.  26.  That  no  bond  or  guaranty,  vsrritten  or  oral,  that  an 
alien  shall  not  become  a  public  charge,  shall  be  received  from 
any  person,  company,  corporation,  charitable  or  benevolent 
society  or  association,  unless  authority  to  receive  the  same 
shall  in  each  special  case  be  given  by  the  Commissioner- 
General  of  Immigration  -with  the  written  approval  of  the 
Secretary  of  the  Treasury. 

Act  approved  March  3,  1903, 

EuLE  21.  No  application  for  the  admission  under 
bond  of  a  debarred  alien  will  be  considered  except  in 
cases  in  which  deportation  of  the  alien  in  whose  behalf 
such  application  is  made  would  involve  the  separation 
of  immediate  members  of  a  family,  and  in  that  case 
only  when  a  deposit  of  money  is  made  sufficient  to 
defray  the  expense  of  maintaining  such  alien  whilst 
awaiting  a  decision  upon  such  application. 

EuLE  22.  The  cost  of  returning  aliens  under  the 
provisions  of  sections  19  and  20  of  the  Act  approved 
March  3,  1903,  shall  include  all  expenses  incurred  for 
maintenance  of  such  aliens,  after  such  cases  are  brought 
to  the  attention  of  the  Bureau  of  Immigration,  provided 
such  Bureau,  upon  investigation,  has  ascertained  the 
case  to  be  one  for  deportation  and  has  so  ordered. 

EuLE  23.  Every  immigration  officer  deporting  any 
alien  under  the  provisions  of  section  20  of  the  Act  of 


THE  UNITED  STATES 


103 


March  3,  1903,  shall  submit  to  the  Bureau  of  Immi- 
gration for  approval  bills  for  one-half  the  cost  of 
inland  transportation  of  such  alien  to  the  seaport  of 
deportation  against  the  vessel  or  transportation  line  by 
which  such  alien  was  brought  to  the  United  States,  in 
order  that  the  amount  so  expended  by  any  such  officer 
may  be  collected  and  returned  to  him. 

Regulations  March  13,  1903. 

Anarchists. 

Sec.  2.  That  the  following  classes  of  aliens  shall  be  excluded 
from  admission  to  the  United  States  ,  .  .  anarchists,  or  persons 
who  believe  in  or  advocate  the  overthrow  by  force  or  violence 
of  the  Government  of  the  United  States,  or  of  all  government 
or  of  all  forms  of  law  or  the  assassination  of  public  officials.  .  .  . 

Sec.  38.  That  no  person  who  disbelieves  in  or  who  is  opposed 
to  all  organized  government,  or  who  is  a  member  of  or  affiliated 
with  any  organization  entertaining  and  teaching  such  disbelief 
in  or  opposition  to  all  organized  government,  or  who  advocates 
or  teaches  the  duty,  necessity,  or  propriety  of  the  unlawful 
assaulting  or  killing  of  any  officer  or  officers,  either  of  specific 
individuals  or  of  officers  generally,  of  the  Government  of  the 
United  States  or  of  any  other  organized  Government,  because 
of  his  or  their  official  character,  shall  be  permitted  to  enter  the 
United  States  or  any  Territory  or  place  subject  to  the  jurisdic- 
tion thereof.  This  section  shall  be  enforced  by  the  Secretary 
of  the  Treasury  under  such  rules  and  regulations  as  he  shall 
prescribe. 

That  any  person  vvlio  knowingly  aids  or  assists  any  such 
person  to  enter  tlie  United  States  or  any  Territory  or  place 
subject  to  the  jurisdiction  thereof,  or  who  connives  or  conspires 
with  any  pei-son  or  persons  to  allow,  procure,  or  permit  any 
such  porsou  to  cuter  therein,  except  pursuant  to  such  rules  and 
regulations  made  by  the  Secretary  of  the  Treasury,  shall  be 


104  THE  PROBLEM  OF  THE  IMMIGRANT 

fined  not  more  than  five  thousand  dollars,  or  imprisoned  for  not 
less  than  one  nor  more  than  five  years,  or  both. 

Act  approved  March  3,  1903, 

Peostitutes  and  Procubers. 

Sec.  2.  That  the  following  classes  of  aliens  shall  be  ex- 
cluded from  admission  into  the  United  States  .  .  .  prostitutes, 
and  persons  who  procure  or  attempt  to  bring  in  prostitutes  or 
women  for  the  purpose  of  prostitution ;  .  .  . 

Sec.  3.  That  the  importation  into  the  United  States  of  any 
woman  or  girl  for  the  purposes  of  prostitution  is  hereby  for- 
bidden ;  and  whoever  shall  import  or  attempt  to  import  any 
woman  or  girl  into  the  United  States  for  the  purposes  of  pros- 
titution, or  shall  hold  or  attempt  to  hold,  any  woman  or  girl 
for  such  purposes  in  pursuance  of  such  illegal  importation 
shall  be  deemed  guilty  of  a  felony,  and,  on  conviction  thereof, 
shall  be  imprisoned  for  not  less  than  one  nor  more  than  five 
years  and  pay  a  fine  not  exceeding  five  thousand  dollars. 

Act  approved  March  3,  1903. 

Aliens  Mentally  Deficient. 

Sec.  2.  That  the  following  classes  of  aliens  shall  be  ex- 
cluded from  admission  into  the  United  States :  All  idiots, 
insane  persons,  epileptics,  and  persons  who  have  been  insane 
witMn  five  years  previous  ;  persons  who  have  had  two  or  more 
attacks  of  insanity  at  any  time  previously ;  .  .  . 

Sec.  10.  That  the  decision  of  the  board  of  special  inq^uiry, 
hereinafter  provided  for,  based  upon  the  certificate  of  the 
examining  medical  officer,  shall  be  final  as  to  the  rejection  of 
aliens  afilicted  with  a  loathsome  or  with  a  dangerous  contagious 
disease,  or  with  any  mental  or  physical  disability  which  would 
bring  such  alien  within  any  of  the  classes  excluded  from 


THE  UNITED  STATES 


105 


admission  to  the  United  States  under  section  two  of  this 
Act.  .  .  . 

Sec.  22.  .  .  .  And  it  shall  be  the  duty  of  the  Commissioner- 
General  of  Immigration  to  detail  officers  of  the  immigration 
service  from  time  to  time  as  may  be  necessary,  in  his  judgment, 
to  secure  information  as  to  the  number  of  aliens  detained  in 
the  penal,  reformatory,  and  charitable  institutions  (public  and 
private)  of  the  several  States  and  Territories,  the  District  of 
Columbia,  and  other  territory  of  the  United  States,  and  to 
inform  the  officers  of  such  institutions  of  the  provisions  of  law 
in  relation  to  the  deportation  of  aliens  v/ho  have  become  pubHc 
charges:  .  .  . 

Act  approved  March  3,  1903. 

Manifests  of  Aliens. 

Sec.  12.  That  upon  the  arrival  of  any  alien  by  water  at  any 
port  within  the  United  States,  it  shall  be  the  duty  of  the  master 
or  commanding  officer  of  the  steamer,  sailing,  or  other  vessel 
having  said  alien  on  board,  to  deliver  to  the  immigration  officers 
at  the  port  of  arrival  lists  or  manifests  made  at  the  time  and 
place  of  embarkation  of  such  alien  on  board  such  steamer  or 
vessel,  which  shall,  in  answer  to  questions  at  the  top  of  said 
Hsts,  state  as  to  each  alien  the  full  name,  age,  and  sex ;  whether 
married  or  single  ;  the  calling  or  occupation  ;  whether  able  to 
read  or  write ;  the  nationality  ;  the  race ;  the  last  residence ; 
the  seaport  for  landing  in  the  United  States ;  the  final  desti- 
nation, if  any,  beyond  the  port  of  landing ;  whether  having  a 
ticket  through  to  such  final  destination;  whether  the  alien 
has  paid  his  own  passage,  or  whether  it  has  been  paid  hy  any 
other  person  or  by  any  corporation,  society,  municipality,  or 
government,  and  if  so,  by  whom  ;  wliether  in  possession  of 
fifty  dollars,  and  if  less,  how  much ;  whether  going  to  join  a 
relative  or  friend,  and  if  so,  what  relative  or  friend,  and  his 
name  and  complete  address ;  whether  ever  before  in  the  United 
States,  and  if  .so,  when  and  where;  whether  ever  in  jnison  or 


106   THE  PKOBLEM  OF  THE  IMMIGRANT 

almshouse  or  an  institution  or  hospital  for  the  care  and  treat- 
ment of  the  insane  or  supported  by  charity ;  whether  a  poly- 
gamist;  whether  an  anarchist;  whether  coming  by  reason  of 
any  offer,  solicitation,  promise,  or  agreement,  expressed  or 
implied,  to  perform  labour  in  the  United  States,  and  what  is 
the  aKen's  condition  of  health,  mental  and  physical,  and  whether 
deformed  or  crippled,  and  if  so,  for  how  long  and  from  what 
cause. 

Sec.  13.  Thac  all  aliens  arriving  by  water  at  the  ports  of 
the  United  States  shall  be  listed  in  convenient  groups,  and  no 
one  list  or  manifest  shall  contain  more  than  thirty  names.  To 
each  alien  or  head  of  a  family  shall  be  given  a  ticket  on  which 
shall  be  written  his  name,  a  number  or  letter  designating  the 
list  in  which  his  name,  and  so  forth,  is  contained,  and  his 
number  on  said  list,  for  convenience  of  identification  on  aiTival. 
Each  list  or  manifest  shall  be  verified  by  the  signature  and  the 
oath  or  affirmation  of  the  master  or  commanding  officer  or  the 
first  or  second  below  him  in  command,  taken  before  an  immi- 
gration officer  at  the  port  of  arrival,  to  the  effect  that  he  has 
caused  the  siu'geon  of  said  vessel  sailing  therewith  to  make  a 
physical  and  oral  examination  of  each  of  said  aliens,  and  that 
from  the  report  of  said  surgeon  and  from  his  own  investigation 
he  believes  that  no  one  of  said  aliens  is  an  idiot,  or  insane 
person,  or  a  pauper,  or  is  likely  to  become  a  public  charge,  or  is 
suffering  from  a  loathsome  or  a  dangerous  contagious  disease,  or 
is  a  person  who  has  been  convicted  of  a  felony  or  other  crime  or 
misdemeanour  involving  moral  tui'pitude,  or  a  polygamist,  or  an 
anarchist,  or  under  promise  or  agreement,  express  or  implied,  to 
perform  labour  in  the  United  States,  or  a  prostitute,  and  that 
also,  according  to  the  best  of  his  knowledge  and  belief,  the 
information  in  said  lists  or  manifests  concerning  each  of  said 
aliens  named  therein  is  correct  and  true  in  every  respect. 

Sec.  14.  That  the  surgeon  of  said  vessel  sailing  therewith 
shall  also  sign  each  of  said  lists  or  manifests  and  make  oath  or 
affirmation  in  like  manner  before  an  immigration  officer  at  the 
port  of  aiTival,  stating  his  j)rofcssional  experience  and  qualili- 
cations  as  a  physician  and  surgeon,  and  that  he  has  made  a 
personal  examination  of  each  of  the  said  aliens  named  therein, 
and  that  the  said  list  or  manifest,  according  to  the  best  of  liis 


THE  UNITED  STATES  107 


knowledge  and  belief,  is  full,  correct,  and  true  in  all  particulars 
relative  to  the  mental  and  physical  condition  of  said  aliens.  If 
no  sui'geon  sails  with  any  vessel  bringing  aliens  the  mental  and 
physical  examinations  and  the  verifications  of  the  lists  or  mani- 
fests shall  be  made  by  some  competent  surgeon  employed  by 
owners  of  the  said  vessel. 

Sec.  15.  That  in  the  case  of  the  failure  of  the  master  or  com- 
manding officer  of  any  vessel  to  deliver  to  the  said  immigration 
officers  lists  or  manifests  of  all  aliens  on  board  thereof  as 
required  in  sections  twelve,  thirteen,  and  fourteen  of  this  Act, 
^  he  shall  pay  to  the  collector  of  customs  at  the  port  of  arrival 
the  sum  of  ten  dollars  for  each  alien  concerning  whom  the 
above  information  is  not  contained  in  any  list  as  aforesaid. 

Act  approved  March  3,  1903. 

Rule  24.  In  case  of  the  failure  of  the  master  or 
commanding  officer  of  any  vessel  bringing  aliens  to 
any  port  within  the  United  States  to  deliver  to  the 
immigration  officers  at  said  port  lists  or  manifests  of 
such  aliens,  as  required  in  sections  12,  13,  and  14  of 
the  Act  approved  March  3,  1903,  there  shall  be  paid  to 
the  collector  of  customs  at  the  port  of  arrival  the  sum 
of  $10  for  each  alien  concerning  whom  the  information 
required  by  said  sections  is  not  contained  in  any  list 
or  manifest  as  aforesaid.  Under  an  opinion  of  the 
Solicitor  of  the  Treasury,  the  fine  mentioned  in  this  Rule 
cannot  be  remitted. 

Regulations  March  13,  1903. 

Examination  ov  Aliens. 

Sec.  16.  That  upon  the  receipt  by  the  immigration  officers 
at  any  port  of  arrival  of  tlie  lists  or  manifests  of  iilicus  jiro- 
vided  for  in  scction.s  twelve,  thirteen,  and  fourteen  of  tliis  Act, 


108   THE  PROBLEM  OF  THE  IMMIGRANT 


it  shall  be  the  duty  of  said  ofiS.cers  to  go  or  send  competent 
assistants  to  the  vessels  to  which  said  lists  or  manifests  refer, 
and  there  inspect  all  such  aliens,  or  said  immigration  officers 
may  order  a  temporary  removal  of  such  aliens  for  examination 
at  a  designated  time  and  place,  but  such  temporary  removal 
shall  not  be  considered  a  landing,  nor  shall  it  relieve  the  trans- 
portation lines,  masters,  agents,  owners,  or  consignees  of  the 
vessel  upon  which  such  aliens  are  brought  to  any  port  of  the 
United  States  from  any  of  the  obligations  which,  in  case  such 
aliens  remain  on  board,  would,  under  the  provisions  of  this  Act, 
bind  the  said  transportation  lines,  masters,  agents,  owners  or 
consignees :  Provided,  That  where  a  suitable  building  is  used 
for  the  detention  and  examination  of  aliens  the  immigration 
officials  shall  there  take  charge  of  such  aliens,  and  the  trans- 
portation companies,  masters,  agents,  owners,  and  consignees 
of  the  vessels  bringing  such  aliens  shall  be  relieved  of  the 
responsibility  for  their  detention  thereafter  untU  the  return  of 
such  aliens  to  their  care. 

Sec.  17.  That  the  physical  and  mental  examination  of  all 
arriving  aliens  shall  be  made  by  medical  officers  of  the  United 
States  Marine-Hospital  Service,  who  shall  have  had  at  least 
two  years'  experience  in  the  practice  of  theii'  profession  since 
receiving  the  degree  of  doctor  of  medicine,  and  who  shall  certify, 
for  the  information  of  the  immigration  officers  and  the  boards 
of  special  inquiry  hereinafter  provided  for,  any  and  all  physical 
and  mental  defects  or  diseases  observed  by  said  medical  officers 
on  any  such  alien,  or,  should  medical  officers  of  the  United 
States  Marine-Hospital  Service  be  not  available,  civil  surgeons 
of  not  less  than  four  years'  professional  experience  may  be 
employed  in  such  emergencies  for  the  said  service,  upon  such 
terms  as  may  be  prescribed  by  the  Commissioner-General 
of  Immigration,  under  the  direction  or  with  the  approval  of 
the  Secretary  of  the  Treasury.  The  United  States  Public 
Health  and  Marine-Hospital  Service  shall  be  reimbursed  by 
the  Immigration  Service  for  all  expenditures  incurred  in  caiiy- 
ing  out  the  medical  inspection  of  aliens  under  regulations  of 
the  Secretary  of  the  Treasury. 


Act  approved  March  3,  1903. 


THE  UNITED  STATES 


109 


Rule  8.  Every  alien  arriving  at  a  port  of  the 
United  States  shall  be  promptly  examined,  as  by  law 
provided,  either  on  shipboard  or  at  some  other  place 
designated  for  that  purpose.  If  found  admissible,  he 
shall  be  at  once  landed,  but  if  upon  special  inquiry  he  is 
denied  admission,  he  shall  be  informed  that  he  has  a 
right  of  appeal  therefrom,  and  the  fact  that  he  has  been 
so  informed  shall  be  entered  of  record  in  the  minutes  of 
the  board's  proceedings,  but  no  appeal  will  be  considered 
after  any  such  alien  has,  in  consequence  of  an  adverse 
decision  of  a  board  of  special  inquiry,  been  transferred 
from  an  immigrant  station  to  be  deported. 

Rule  9.  Every  alien  detained  for  special  inquiry, 
which  shall  l)e  conducted  separate  and  apart  from  the 
public,  shall  have  a  speedy  hearing,  and,  upon  the 
conclusion  thereof,  be  either  at  once  landed  or  ordered 
deported.  If  he  elects  to  appeal  from  said  order  of 
deportation,  he  must,  to  enable  officers  to  comply  with 
the  provisions  of  section  19  of  the  Act  of  March  3, 
1903,  file  notice  of  such  appeal  promptly,  and  a  like 
right  of  appeal  may  be  exercised  by  any  member  of  a 
board  of  special  inquiry  who  dissents  from  the  decision 
rendered  by  such  board. 

Rule  10.  Every  such  notice  of  appeal  shall  act  as  a 
stay  upon  the  disposal  of  the  alien  whose  rights  are 
thereby  affected  until  a  final  decision  is  rendered  by 
the  Department ;  and,  within  thirty -six  hours  after  the 
filing  of  such  notice,  the  record  of  the  case,  together 
with  such  briefs,  affidavits,  and  statements  as  arc  to  be 
considered  in  connection  therewith,  must  be  forwarded 
to  the  Commissioner-General  of  Immigration  1)y  the 
chief  immigration  officer  at  the  port  of  arrival,  ac- 
companied l)y  his  views  thereon  in  writing ;  l)ut  on 
such  appeal  of  any  case  to  the  Department  no  evidence 


110  THE  PROBLEM  OF  THE  IMMIGRANT 

will  be  considered  which  has  not  already  been  passed 
upon  in  said  case  by  a  board  of  special  inquiry.  If 
additional  time  is  granted  to  the  friends  or  counsel  of 
an  appealing  alien  to  prevent  a  miscarriage  of  justice, 
the  said  chief  officer  may  require  the  deposit  of  a  sum 
of  money  sufficient  to  defray  the  cost  of  maintaining 
appellant  during  the  additional  time  thus  allowed. 

Rule  11.  The  Commissioner  of  Immigration  or  the 
chief  immigration  officer  at  the  port  of  landing  shall 
enter  of  record  the  name  of  every  alien  found  upon 
examination  to  be  within  any  of  the  prohibited  classes, 
with  a  statement  of  the  decision  in  each  case ;  and  if 
such  decision  be  appealed  from,  immediately  upon  the 
receipt  from  the  Department  of  its  conclusions  there- 
upon the  alien  shall  be  at  once  landed  or  deported  in 
accordance  with  such  conclusions.  If  a  landing  is 
refused  on  appeal,  the  master,  agent,  consignee,  or 
owner  of  the  vessel  by  which  the  said  alien  arrived 
shall  be  notified  thereof  by  the  commissioner  or  chief 
immigration  officer,  and  that  the  said  alien  will  be 
placed  on  the  said  vessel  to  be  returned  as  aforesaid. 

Rule  12.  Attorneys  and  persons  appearing  in  behalf 
of  detained  aliens  shall  not  be  permitted  to  charge  a 
sum  exceeding  $10  in  each  case,  unless  the  commissioner 
shall,  in  writing,  allow  an  additional  compensation, 
which  fee  shall  be  payable  through  the  commissioner. 
Any  one  charging  an  alien  a  fee  prior  to  his  detention, 
or  charging  or  receiving  from  an  alien  or  his  relatives 
or  friends  a  fee,  gift,  or  compensation  for  his  services  in 
excess  of  above  rates,  or  who  shall  deprive  an  alien 
of  any  part  of  his  chattels  or  effects  in  lieu  of  or  as 
security  for  said  fee,  shall  not  be  permitted  to  practise 
at  any  immigrant  station  of  the  United  States. 

Rule  13.  The  expenses  incurred  for  the  keeping 


THE  UNITED  STATES 


111 


and  maintenance  of  every  alien  temporarily  removed 
from  a  vessel,  as  provided  by  law,  shall  be  borne  by 
the  owner  or  owners  of  the  vessel  upon  which  he  came 
until  he  is  lawfully  landed  or  delivered  on  board  such 
vessel  for  deportation. 

Rule  14.  The  master,  agent,  owner,  or  consignee 
of  any  vessel  on  which  aliens  are  brought  to  the  United 
States  shall,  at  least  twenty-four  hours  in  advance 
thereof,  notify  the  Commissioner  of  Immigration  of  the 
intended  time  of  sailing  of  such  vessel,  in  order  that 
said  officer  may  place  on  board  thereof  every  alien 
brought  thereon  who  has  been  refused  a  landing. 

Rule  20.  Not  over  one  accompanying  alien  (prefer- 
ably the  natural  guardian  or  a  relative)  shall  be  detained 
at  the  expense  of  the  transportation  company  for  the 
purpose  of  caring  for  an  alien  who,  for  any  reason,  is 
detained  for  further  inquiry,  if  the  latter  requires  such 
care.    (See  section  11,  Act  approved  March  3,  1903.) 

Regulations  March  13,  1903. 

Sec.  24.  .  .  .  Immigration  officers  shall  have  power  to 
administer  oaths  and  to  take  and  consider  testimony  touching 
the  right  of  any  alien  to  enter  the  United  States,  and  where 
such  action  may  be  necessary,  to  make  a  written  record  of  such 
testimony,  and  any  person  to  whom  such  an  oath  has  been 
administered  under  the  provisions  of  this  Act  who  shall  know- 
ingly or  wilfully  give  false  testimony  or  swear  to  any  lalse 
statement  in  any  way  afiecting  or  in  relation  to  the  right  of  an 
alien  to  admission  to  the  United  States  shall  be  deemed  guilty 
of  perjury  and  bo  punished  as  provided  by  section  iifty-threo 
hundred  and  ninety-two,  United  States  llevised  Statutes.  The 
decision  of  any  such  officer,  if  favomable  to  the  admission  of 
any  aUen,  shall  be  subject  to  challenge  by  any  other  immigra- 
tion officer,  and  such  challenge  shall  operate  to  take  the  alien 


112   THE  PROBLEM  OF  THE  IMMIGRANT 


whose  right  to  land  is  so  challenged  before  a  board  of  special 
inquiry  for  its  investigation.  Every  alien  who  may  not  appear 
to  the  examining  immigrant  inspector  at  the  port  of  arrival  to 
be  clearly  and  beyond  a  doubt  entitled  to  land  shall  be  detained 
for  examination  in  relation  thereto  by  a  board  of  special 
inquiry. 

Sec.  25.  That  such  boards  of  special  inquiry  shall  be 
appointed  by  the  Commissioners  of  Immigration  at  the  various 
ports  of  arrival  as  may  be  necessary  for  the  prompt  determina- 
tion of  all  cases  of  aliens  detained  at  such  ports  under  the 
provisions  of  law.  Such  boards  shall  consist  of  three  members, 
who  shall  be  selected  from  such  of  the  immigrant  officials  in 
the  service  as  the  Commissioner-General  of  Immigration,  with 
the  approval  of  the  Secretary  of  the  Treasury,  shall  from  time 
to  time  designate  as  qualified  to  serve  on  such  boards :  Provided, 
That  at  ports  where  there  are  fewer  than  three  immigrant 
inspectors,  the  Secretary  of  the  Treasury,  upon  recommendation 
of  the  Commissioner-General  of  Immigration,  may  designate 
other  United  States  officials  for  service  on  such  boards  of 
special  inquiry.  Such  boards  shall  have  authority  to  determine 
whether  an  alien  who  has  been  duly  held  shall  be  allowed  to 
land  or  be  deported.  All  hearings  before  boards  shall  be 
separate  and  apart  from  the  public,  but  the  said  boards  shall 
keep  complete  permanent  records  of  their  proceedings,  and  of 
all  such  testimony  as  may  be  produced  before  them ;  and  the 
decision  of  any  two  members  of  a  board  shall  prevail  and  be 
jl  final,  but  either  the  alien  or  any  dissenting  member  of  said 
board  may  appeal,  through  the  Commissioner  of  Immigration  at 
the  port  of  arrival  and  the  Commissioner- General  of  Immigra- 
tion, to  the  Secretary  of  the  Treasury,  whose  decision  shall 
then  be  final ;  and  the  taking  of  such  appeal  shall  operate  to 
stay  any  action  in  regard  to  the  final  disposal  of  the  alien 
whose  case  is  so  appealed  until  the  receipt  by  the  Commissioner 
of  Immigration  at  the  port  of  arrival  of  such  decision. 

Sec.  10.  That  the  decision  of  the  board  of  special  inquiry, 
hereinafter  provided  for,  based  upon  the  certificate  of  the  ex- 
amining medical  officer,  shall  be  final  as  to  the  rejection  of 


THE  UNITED  STATES  113 


aliens  afflicted  with  a  loathsome  or  with  a  dangerous  contagious 
disease,  or  with  any  mental  or  physical  disability  which  would 
bring  such  aliens  within  any  of  the  classes  excluded  from 
admission  to  the  United  States  under  section  two  of  this  Act. 

Act  approved  March  3,  1903. 

AN  ACT  making  appropriations  for  sundry  civil  expenses  of 
the  Government  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred  and  ninety-five,  and  for  other  purposes. 
Be  it  enacted,  etc., 

In  every  case  where  an  alien  is  excluded  from  admission 
into  the  United  States  under  any  law  or  treaty  now  existing  or 
hereafter  made,  the  decision  of  the  appropriate  immigration  or 
customs  officers,  if  adverse  to  the  admission  of  such  alien,  shall  be 
final,  unless  reversed  on  appeal  to  the  Secretary  of  the  Treasury. 

Act  approved  August  18,  1894. 

Deportation  of  Inadmissible  Aliens. 

Sec.  18.  That  it  shall  be  the  duty  of  the  owners,  officers, 
and  agents  of  any  vessel  bringing  an  alien  to  the  United  States 
to  adopt  due  precautions  to  prevent  the  landing  of  any  such 
alien  from  such  vessel  at  any  time  or  place  other  than  that 
designated  by  the  immigration  officers,  .  .  .  and  every  such 
alien  so  landed  shall  be  deemed  to  be  unlawfully  in  the  United 
States  and  shall  be  deported,  as  provided  by  law. 

Sec,  19.  That  all  aliens  brought  into  this  country  in  violation 
of  law  shall,  if  practicable,  be  immediately  sent  back  to  the 
countries  whence  they  respectively  came  on  the  vessels  bringing 
them.  The  cost  of  their  maintenance  while  on  land,  as  well  as 
the  expense  of  the  return  of  such  aliens,  shall  be  borne  by  the 
owner  or  owners  of  the  vessels  on  which  they  respectively 
came :  .  .  .  Provided,  That  the  Commissioner-General  of  Immi- 
gration, under  the  direction  or  with  the  approval  of  the  Secretary 
of  the  Treasury,  may  suspend,  upon  conditions  to  be  presci-ibed 
by  the  Commissiouer-Geueral,  the  deportation  of  any  alien 

I 


114   THE  PROBLEM  OF  THE  IMMIGRANT 


found  to  have  come  under  promise  or  agreement  of  labour  or 
service  of  any  kind  if,  in  his  judgment,  the  testimony  of  such 
alien  is  necessary  on  behalf  of  the  United  States  Government 
in  the  prosecution  of  offenders  against  the  provisions  of  sections 
four  and  five  of  this  Act:  Provided,  That  the  cost  of  maintenance 
of  any  person  so  detained  resulting  from  such  suspension  of 
deportation  shall  be  paid  from  the  "immigrant  fund,"  but  no 
alien  certified,  as  provided  in  section  seventeen  of  this  Act,  to 
be  suffering  with  a  loathsome  or  with  a  dangerous  contagious 
disease  other  than  one  of  a  quarantinable  nature,  shall  be 
permitted  to  land  for  medical  treatment  thereof  in  the  hospitals 
of  the  United  States. 

Sec.  20.  That  any  alien  who  shall  come  into  the  United 
States  in  violation  of  law,  or  who  shall  be  found  a  public 
charge  therein,  from  causes  existing  prior  to  landing,  shall 
be  deported  as  hereinafter  provided  to  the  country  whence  he 
came  at  any  time  within  two  years  after  arrival  at  the  expense, 
including  one-half  of  the  cost  of  inland  transportation  to  the 
port  of  deportation,  of  the  person  bringing  such  alien  into  the 
United  States,  or,  if  that  cannot  be  done,  then  at  the  expense 
of  the  immigrant  fund  referred  to  in  section  one  of  this  Act. 

Sec.  21.  That  in  case  the  Secretary  of  the  Treasury  shall  be 
satisfied  that  an  alien  has  been  found  in  the  United  States  in 
violation  of  this  Act,  he  shall  cause  such  alien,  within  the 
period  of  three  years  after  lauding  or  entry  therein,  to  be  taken 
into  custody  and  returned  to  the  country  whence  he  came,  as 
provided  in  section  twenty  of  this  Act,  or,  if  that  cannot  be  so 
done,  at  the  expense  of  the  immigrant  fund  provided  for  in 
section  one  of  this  Act.  .  .  . 

Sec.  35.  That  the  deportation  of  aliens  arrested  within  the 
United  States  after  entry  and  found  to  be  illegally  therein, 
provided  for  in  this  Act,  shall  be  to  the  trans- Atlantic  or  trans- 
Pacific  ports  from  which  said  aliens  embarked  for  the  United 
States ;  or,  if  such  embarkation  was  for  foreign  contiguous 
territory,  to  the  foreign  port  at  which  said  aliens  embarked  for 
such  territory. 

Act  approved  March  3,  1903. 


THE  UNITED  STATES  115 


EuLE  8.  Every  alien  arriving  at  a  port  of  the 
United  States  shall  be  promptly  examined,  as  by  law- 
provided,  either  on  shipboard  or  at  some  other  place 
designated  for  that  purpose.  If  found  admissible,  he 
shall  be  at  once  landed,  but  if  upon  special  inquiry  he 
is  denied  admission,  he  shaU  be  informed  that  he  has  a 
right  of  appeal  therefrom,  and  the  fact  that  he  has  been 
so  informed  shall  be  entered  of  record  in  the  minutes  of 
the  board's  proceedings,  but  no  appeal  will  be  considered 
after  any  such  alien  has,  in  consequence  of  an  adverse 
decision  of  a  board  of  special  inquiry,  been  transferred 
from  an  immigrant  station  to  be  deported. 

Rule  9.  Every  alien  detailed  for  special  inquiry, 
which  shall  be  conducted  separate  and  apart  from  the 
public,  shall  have  a  speedy  hearing,  and  upon  the  con- 
clusion thereof  be  either  at  once  landed  or  ordered 
deported.  If  he  elects  to  appeal  from  said  order  of 
deportation,  he  must,  to  enable  officers  to  comply  with 
the  provisions  of  section  19  of  the  Act  of  March  3,  1903, 
fde  notice  of  such  appeal  promptly,  and  a  like  right  of 
appeal  may  be  exercised  by  any  member  of  a  board  of 
special  inquiry  who  dissents  from  the  decision  rendered 
by  such  board. 

Rule  11.  The  Commissioner  of  Immigration  or  the 
chief  immigration  officer  at  the  port  of  landing  shall 
enter  of  record  the  name  of  every  alien  found  upon 
examination  to  be  within  any  of  the  prohibited  classes, 
with  a  statement  of  the  decision  in  each  case ;  and  if 
such  decision  be  appealed  from,  immediately  upon  the 
receipt  from  the  Department  of  its  conclusions  thereupon, 
the  alii'n  shall  l)e  at  once  landed  or  deported  in  accord- 
ance with  such  conclusion.  If  a  landing  is  refused  on 
appeal,  the  master,  agent,  consignee,  or  owner  of  the 


116   THE  PROBLEM  OF  THE  IMMIGRANT 


vessel  by  which  the  said  alien  arrived  shall  be  notified 
thereof  by  the  Commissioner  or  chief  immigration 
officer,  and  that  the  said  alien  will  be  placed  on  the 
said  vessel  to  be  returned  as  aforesaid. 

Rule  1 8.  Any  alien  who  has  been  lawfully  landed, 
but  who  has  become  a  public  charge  from  subsequently 
arising  physical  inability  to  earn  a  living,  which  is 
likely  to  be  of  a  permanent  nature,  may,  with  the 
approval  of  the  Bureau  of  Immigration,  be  deported 
within  one  year  from  date  of  landing  at  the  expense  of 
the  immigrant  fund,  provided  that  such  alien  is  delivered 
to  the  immigration  officers  at  a  designated  port  free 
of  charge  ;  and  the  charges  incurred  for  the  care  and 
treatment  of  any  such  alien  in  any  public  or  charitable 
institution  from  the  date  of  notification  to  the  Bureau 
of  Immigration  until  the  expiration  of  one  year  after 
landing  may  be  paid  from  the  immigrant  fund  at  fixed 
rates  agreed  upon. 

•  •  •  •  •  • 

Regulations  March  13,  1903. 

Maintenance  of  Aliens. 

Sec.  19.  That  all  aliens  brought  into  this  country  in  viola- 
tion of  law  shall,  if  practicable,  be  immediately  sent  back  to 
the  countries  whence  they  respectively  came  on  the  vessels 
bringing  them.  The  cost  of  their  maintenance  while  on  laud, 
as  well  as  the  expense  of  the  return  of  such  aliens,  shall  be 
borne  by  the  owner  or  owners  of  the  vessel  on  which  they 
respectively  came ;  and  if  any  master,  person  in  charge,  agent, 
owner,  or  consignee  of  any  such  vessels  shall  refuse  to  receive 
back  on  board  thereof,  or  of  any  other  vessel  owned  by  the 
same  interest,  such  aliens,  or  shall  neglect  to  detain  them 
thereon,  or  shall  refuse  or  neglect  to  return  them  to  the  foreign 


THE  UNITED  STATES  117 


port  from  which  they  came,  or  to  pay  the  cost  of  their  main- 
tenance while  on  land,  such  master,  person  in  charge,  agent, 
owner,  or  consignee  shall  be  deemed  guilty  of  a  misdemeanour, 
and  shall,  on  conviction,  be  punished  by  a  fine  not  less  than 
three  hundred  dollars  for  each  and  every  such  offence ;  and  no 
such  vessel  shall  have  clearance  from  any  port  of  the  United 
States  while  any  such  fine  is  xmpaid :  Provided,  That  the 
Commissioner-General  of  Immigi-ation,  under  the  direction  or 
with  the  approval  of  the  Secretary  of  the  Treasury,  may 
suspend,  upon  conditions  to  be  prescribed  by  the  Commissioner- 
General,  the  deportation  of  any  alien  found  to  have  come  under 
promise  or  agreement  of  labour  or  service  of  any  kind  if,  in  his 
judgment,  the  testimony  of  such  alien  is  necessary  on  behalf  of 
the  United  States  Government  in  the  prosecution  of  offenders 
against  the  provisions  of  sections  four  and  five  of  tliis  Act ; 
Provided,  That  the  cost  of  maintenance  of  any  person  so 
detained  resulting  from  such  suspension  of  deportation  shall 
be  paid  from  the  "  immigrant  fund,"  but  no  alien  certified,  as 
provided  in  section  seventeen  of  this  Act,  to  be  suffering  with 
a  loathsome  or  with  a  dangerous  contagious  disease  other  than 
one  of  a  quarantinable  nature,  shall  be  permitted  to  land  for 
medical  treatment  thereof  in  the  hospitals  of  the  United 
States. 

Act  approved  March  3,  1903. 

Rule  13.  The  expenses  incurred  for  the  keeping  and 
maintenance  of  every  alien  temporarily  removed  from  a 
vessel,  as  provided  by  law,  shall  be  borne  by  the  owner 
or  owners  of  the  vessel  upon  which  he  came  until  he  is 
lawfully  landed  or  delivered  on  board  such  vessel  for 
deportation. 

Rule  17.  Every- alien  who  left  the  port  of  embar- 
kation in  good  physical  condition,  and  who  would  be 
qualified  to  land  l)ut  for  some  sickness  or  disability 
other  than   a  loathsome  or  a  dangerous  contagious 


118    THE  PROBLEM  OF  THE  IMMIGRANT 


disease,  which  was  contracted  or  which  developed 
during  the  voyage,  may  either  remain  on  shipboard  or 
be  removed  for  hospital  treatment,  at  the  expense  of 
the  owners  of  the  vessel  on  which  he  came,  and  while 
detained  in  hospital  he  shall  not  be  considered  as 
landed  ;  provided,  that  if  the  sickness  or  disability  with 
which  such  alien  is  afflicted  is  so  slight  in  the  judgment 
of  the  examining  medical  officer  as  not  to  require  treat- 
ment in  hospital,  and  said  alien  is  able  to  pay  for  the 
necessary  medical  care  he  needs,  he  shall  be  landed. 
Requests  by  such  owners  for  reimbursement  for  hospital 
expenses  may  be  made  only  in  respect  of  aliens  detained 
under  the  provisions  of  this  Rule,  and  then  only  in  a 
proper  manner. 

Rule  19.  Any  alien  who  has  been  finally  determined 
to  be  admissible  may  be  permitted  to  wait  for  friends  or 
remittances  upon  payment  by  him  of  expenses  incurred 
by  reason  of  such  delay.  In  case  such  an  alien  is  unable 
from  accident  or  other  unavoidable  circumstances,  to 
immediately  continue  his  journey,  and  is  without 
sufficient  means  to  defray  the  expense  of  his  enforced 
delay,  the  Commissioner  of  Immigration  may,  in  his 
discretion,  pay  said  expense,  reporting  said  case  to  the 
Bureau  of  Immigration,  with  reasons  for  his  action,  and 
request  that  such  expense  be  repaid  out  of  the  immigrant 
fund. 

Rule  22.  The  cost  of  returning  aliens  under  the 
provisions  of  sections  19  and  20  of  the  Act  approved 
March  3,  1903,  shall  include  all  expenses  incurred  for 
maintenance  of  such  aliens  after  such  cases  arc  brought 
to  the  attention  of  the  Bureau  of  Immigration  ;  provided 


THE  UNITED  STATES 


119 


said  Bureau,  upon  investigation,  has  ascertained  the  case 
to  be  one  for  deportation,  and  has  so  ordered. 

Rule  26.  No  charge  for  food,  lodging,  or  main- 
tenance, or  for  hospital  attendances,  medicines,  or  other 
hospital  expenses  shall  be  made  in  excess  of  the  actual 
cost  of  furnishing  the  same,  the  intention  being  to  make 
the  service  self-sustaining  without  profit. 

Regulations  March  13,  1903. 


CHAPTER  VIII 


THE  UNITED  STATES  (concluded) 

Immigration  Officers. 

Sec.  12.  That  upon  the  arrival  of  any  alien  by  water  at  any 
port  within  the  United  States,  it  shall  be  the  duty  of  the  master 
or  commanding  officer  of  the  steamer,  sailing,  or  other  vessel 
having  said  alien  on  board,  to  deliver  to  the  immigration  officers 
at  the  port  of  arrival  lists  or  manifests  made  at  the  time  and 
place  of  embarkation  of  such  alien  on  board  such  steamer  or 
vessel.  .  .  . 

Sec.  13.  .  .  .  Each  list  or  manifest  shall  be  verified  by  the 
signature  and  the  oath  or  affirmation  of  the  master  or  com- 
manding officer  or  the  first  or  second  below  him  in  command, 
taken  before  an  immigration  officer  at  the  port  of  arrival.  .  .  . 

Sec.  14.  That  the  surgeon  of  said  vessel  sailing  therewith 
shall  also  sign  each  of  said  lists  or  manifests  and  make  oath  or 
affirmation  in  like  manner  before  an  immigration  officer  at  the 
port  of  arrival,  stating  his  professional  experience  and  qualifica- 
tions as  a  physician  and  surgeon,  and  that  ho  has  made  a 
personal  examination  of  each  of  the  said  aliens  named  therein, 
and  that  the  said  list  or  manifest,  according  to  the  best  of  his 
knowledge  and  belief,  is  full,  correct,  and  true  in  all  particulars 
relative  to  the  mental  and  physical  condition  of  said  aliens.  If 
DO  surgeon  sails  with  any  vessel  bringing  aliens  the  mental  and 
physical  examinations  and  the  verifications  of  the  lists  or 
manifests  shall  be  made  by  some  competent  surgeon  employed 
by  the  owners  of  the  said  vessel. 

Sec.  15.  That  in  the  case  of  the  failure  of  the  master  or 


THE  UNITED  STATES 


121 


commanding  officer  of  any  vessel  to  deliver  to  the  said  immi- 
gration officers  lists  or  manifests  of  all  aliens  on  board  thereof 
as  required  in  sections  twelve,  thirteen,  and  fourteen  of  this 
Act,  he  shall  pay  to  the  collector  of  customs  at  the  port  of 
arrival  the  sum  of  ten  dollars  for  each  alien  concerning  whom 
the  above  information  is  not  contained  in  any  list  as  aforesaid. 

Sec.  16.  That  upon  the  receipt  by  the  immigration  officers 
at  any  port  of  arrival  of  the  lists  or  manifests  of  aliens  provided 
for  sections  twelve,  thirteen,  and  fourteen  of  this  Act,  it  shall  be 
the  duty  of  said  officers  to  go  or  send  competent  assistants  to  the 
vessels  to  which  said  lists  or  manifests  refer  and  there  inspect  all 
such  aliens,  or  said  immigration  officers  may  order  a  temporary 
removal  of  such  aliens  for  examination  at  a  designated  time  and 
place,  but  such  temporary  removal  shall  not  be  considered  a 
landing,  nor  shall  it  relieve  the  transportation  lines,  masters, 
agents,  owners,  or  consignees  of  the  vessel  upon  which  such 
aliens  are  brought  to  any  port  of  the  United  States  from  any  of 
the  obligations  which,  in  case  such  aliens  remain  on  board, 
would,  under  the  provisions  of  this  Act,  bind  the  said  transpor- 
tation lines,  masters,  agents,  owners,  or  consignees :  .  .  . 

Sec.  18.  ,  ,  .  And  any  such  owner,  officer,  agent,  or  person 
in  charge  of  such  vessel  who  shall  land,  or  permit  to  land,  any 
alien  at  any  time  or  place  other  than  that  designated  by  the 
immigration  officers,  shall, be  deemed  guilty  of  a  misdemeanour, 
etc.  .  .  . 

Sec.  22.  .  .  .  And  it  shall  be  the  duty  of  the  Commissioner- 
General  of  Immigration  to  detail  officers  of  the  Immigration 
Service  from  time  to  time  as  may  be  necessary,  in  his  judgment, 
to  secure  information  as  to  the  number  of  aliens  detained  in 
the  penal,  reformatory,  and  charitable  institutions  (public  and 
private)  of  the  several  States  and  Territories,  the  District  of 
Columbia,  and  other  territory  of  the  United  States,  and  to 
inform  the  officers  of  such  institutions  of  the  provisions  of  law 
in  relation  to  the  deportation  of  aliens  who  have  become  public 
charges:  Provided,  That  the  Commissioner-General  of  Immi- 
gration may,  with  the  approval  of  the  Secretary  of  the  Treasui-y, 


122    THE  PROBLEM  OF  THE  IMMIGRANT 


whenever  in  Ms  judgment  such  action  may  be  necessary  to 
accomplish  the  piu'poses  of  this  Act,  detail  immigration  officers 
for  temporary  service  in  foreign  countries. 

Sec.  24.  That  immigrant  inspectors  and  other  immigration 
officers,  clerks,  and  employees  shall  hereafter  be  appointed,  and 
their  compensation  fixed  and  raised  or  decreased  from  time  to 
time,  by  the  Secretary  of  the  Treasury,  upon  the  recommenda- 
tion of  the  Commissioner-General  of  Immigration,  and  in 
accordance  with  the  provisions  of  the  Civil-Service  Act  of 
January  sixteenth,  eighteen  hundred  and  eighty-three  :  .  .  . 

.  .  .  Immigration  officers  shall  have  power  to  administer 
oaths  and  to  take  and  consider  testimony  touching  the  right 
of  any  alien  to  enter  the  United  States,  and,  where  such 
action  may  be  necessary,  to  make  a  written  record  of  such 
testimony.  .  .  . 

The  decision  of  any  such  officer,  if  favourable  to  the 
admission  of  any  alien,  shall  be  subject  to  challenge  by  any 
other  immigration  officer,  and  such  challenge  shall  operate  to 
take  the  alien  whose  right  to  land  is  so  challenged  before  a 
board  of  special  inquiry  for  its  investigation. 

Every  alien  who  may  not  appear  to  the  examining  immi- 
grant inspector  at  the  port  of  arrival  to  be  clearly  and  beyond  a 
doubt  entitled  to  land,  shall  be  detained  for  examination  in 
relation  thereto  by  a  board  of  special  inquiry. 

Sec.  25.  That  such  boards  of  special  inqiury  shall  be 
appointed  by  the  Commissioners  of  Immigration  at  the  various 
ports  of  arrival  as  may  be  necessary  for  the  prompt  deter- 
mination of  all  cases  of  aliens  detained  at  such  ports  under  the 
provisions  of  law.  Such  boards  shall  consist  of  three  members, 
who  shall  be  selected  from  such  of  the  immigrant  officials  in 
the  service  as  the  Commissioner-General  of  Immigration,  with 
the  approval  of  the  Secretary  of  the  Treasury,  shall  from  time 
to  time  designate  as  qualified  to  serve  on  such  boards  :  .  .  . 

Act  approved  March  3,  1903. 


THE  UNITED  STATES  123 


EuLE  7.  Collectors  of  customs  on  the  Canadian 
frontier  and  at  all  points  where  Commissioners  of 
Immigration  are  not  employed,  are  charged  within 
their  respective  districts  with  the  execution  of  the 
laws  pertaining  to  immigration  and  to  the  importation 
of  labourers  under  contract  or  agreement  to  perform 
labour  in  the  United  States.  They  may  employ  all 
customs,  immigration,  and  other  officers  assigned  to 
them  for  duty  in  the  enforcement  of  the  Immigration 
Acts,  and  all  such  officers  are  hereby  designated  and 
authorized  to  act  as  immigration  officers. 

Eegulations  March  13,  1903. 

Sec.  17.  That  the  physical  and  mental  examination  of  all 
arriving  aliens  shall  be  made  by  medical  officers  of  the  United 
States  Marine-Hospital  Service,  who  shall  have  had  at  least 
two  years'  experience  in  the  practice  of  their  profession  since 
receiving  Ihe  degree  of  doctor  of  medicine,  and  who  shall  certify, 
for  the  information  of  the  immigration  officers  and  the  boards 
of  special  inquiry  hereinafter  provided  for,  any  and  all  physical 
and  mental  defects  or  diseases  observed  by  said  medical  officers 
in  any  such  alien,  or,  should  medical  officers  of  the  United 
States  Marine-Hospital  Service  be  not  available,  civil  surgeons 
of  not  less  than  four  years'  professional  experience  may  be 
employed  in  such  emergencies  for  the  said  service,  upon  such 
terms  as  may  be  prescribed  by  the  Commissioner-General  of 
Immigration,  under  the  direction  or  with  the  approval  of  the 
Secretary  of  the  Treasury.  The  United  States  Public  Health 
and  Marine-Hospital  Service  shall  be  reimbursed  by  tlie  Immi- 
gration Service  for  all  expenditures  incurred  in  carrying  out 
the  medical  inspection  of  aliens  under  regulations  of  the 
Secretary  of  the  Treasury. 

Act  approved  March  3,  1903. 


Rule  27.  Every  officer  of  the  United  States  Public 


124    THE  PROBLEM  OF  THE  IMMIGRANT 


Health  and  Marine-Hospital  Service,  detailed  under 
section  17  of  the  Act  approved  March  3,  1903,  for  duty 
to  any  point  in  the  United  States,  shall,  during  the  con- 
tinuance of  such  detail,  be  under  the  direction  (subject 
to  the  Public  Health  and  Marine-Hospital  Service 
Regulations  governing  the  medical  inspection  of  aliens, 
as  approved  by  the  Secretary  of  the  Treasury,  November 
18,  1902)  of  the  immigration  officer  in  charge  of  the 
said  port. 

Regulations  March  13,  1903. 

Commissioners  of  Immigration. 

AN  ACT  making  appropriations  for  sundry  civil  expenses  of 
the  Government  for  the  fiscal  year  ending  June  thirtieth, 
eighteen  hundred  and  ninety-live,  and  for  other  purposes. 
Be  it  enacted,  etc., 

The  Commissioners  of  Immigration  at  the  several  ports 
shall  be  appointed  by  the  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  to  hold  their  offices  for  the  term  of 
four  years,  unless  sooner  removed,  and  until  their  successors 
are  appointed ;  and  nominations  for  such  offices  shall  be  made 
to  the  Senate  by  the  President  as  soon  as  practicable  after  the 
passage  of  this  Act. 

Approved  August  18,  1894. 

Sec.  23.  That  the  duties  of  the  Commissioners  of  Immi- 
gration shall  be  of  an  administrative  character,  to  be  prescribed 
in  detail  by  regulations  prepared,  under  the  direction  or  with 
the  approval  of  the  Secretary  of  the  Treasury. 

Sec.  24.  .  .  .  Provided,  That  nothing  heroin  contained  shall 
be  construed  to  alter  the  mode  of  appointing  Commissioners  of 
Immigration  at  the  several  ports  of  the  United  States  as  pro- 
vided by  tlie  Sundry  Civil  Appropriation  Act  approved  August 


THE  UNITED  STATES 


125 


eighteenth,  eighteen  hundred  and  ninety-four,  or  the  official 
status  of  such  commissioners  heretofore  appointed.  .  .  . 

Sec.  25,  .  .  .  All  hearings  before  boards  shall  be  separate 
and  apart  from  the  public,  but  the  said  boards  shall  keep 
complete  permanent  records  of  their  proceedings  and  of  all 
such  testimony  as  may  be  produced  before  them ;  and  the 
decision  of  any  two  members  of  a  board  shall  prevail  and  be 
final,  but  either  the  alien  or  any  dissenting  member  of  said 
board  may  appeal,  through  the  Commissioner  of  Immigration 
at  the  port  of  arrival  and  the  Commissioner-General  of  Immi- 
gration, to  the  Secretary  of  the  Treasury,  whose  decision  shall 
then  be  final ;  and  the  taking  of  such  appeal  shall  operate  to 
stay  any  action  in  regard  to  the  final  disposal  of  the  alien 
whose  case  is  so  appealed  until  the  receipt  by  the  Commissioner 
of  Immigration  at  the  port  of  arrival  of  such  decision. 

Act  approved  March  3,  1903. 

Role  7.  Collectors  of  customs  on  the  Canadian 
frontier  and  at  all  points  where  Commissioners  of  Im- 
migration are  not  employed  are  charged  within  their 
respective  districts  with  the  execution  of  the  laws  per- 
taining to  immigration  and  to  the  importation  of 
labourers  under  contract  or  agreement  to  perform  labour 
in  the  United  States.  .  .  . 

Rule  10.  Every  such  notice  of  appeal  shall  act  as 
a  stay  upon  the  disposal  of  the  alien  whose  rights  are 
hereby  affected  until  a  final  decision  is  rendered  by  the 
Department ;  and,  within  thirty-six  hours  after  the 
filing  of  such  notice,  the  record  of  the  case,  together 
with  such  briefs,  affidavits,  and  statements  as  arc  to 
])e  considered  in  connection  therewith,  should  be  for- 
warded to  the  Commissioner-General  of  Immigration 
by  the  chief  immigration  officer  at  the  port  of  arrival, 


126    THE  PROBLEM  OF  THE  IMMIGRANT 


accompanied  by  his  views  thereon  in  writing ;  but  on 
such  appeal  of  any  case  to  the  Department  no  evidence 
will  be  considered  which  has  not  already  been  passed 
upon  in  said  case  by  a  board  of  special  inquiry.  If 
additional  time  is  granted  to  the  friends  or  counsel  of 
an  appealing  alien  to  prevent  a  miscarriage  of  justice, 
the  said  chief  officer  may  require  the  deposit  of  a 
sum  of  money  sufficient  to  defray  the  cost  of  main- 
taining appellant  during  the  additional  time  thus 
allowed. 

Rule  11.  The  Commissioner  of  Immisrration  or  the 
chief  immigration  officer  at  the  port  of  landing  shall 
enter  of  record  the  name  of  every  alien  found  upon 
examination  to  be  within  any  of  the  prohibited  classes, 
with  a  statement  of  the  decision  in  each  case  ;  and  if 
such  decision  be  appealed  from,  immediately  upon  the 
receipt  from  the  Department  of  its  conclusions  there- 
upon the  alien  shall  be  at  once  landed  or  deported  in 
accordance  with  such  conclusion.  If  a  landing  is  refused 
on  appeal,  the  master,  agent,  consignee,  or  owner  of 
the  vessel  by  which  the  said  alien  arrived  shall  be 
notified  thereof  by  the  commissioner  or  chief  immi- 
gration officer,  and  that  the  said  alien  will  be  placed 
on  the  said  vessel  to  be  returned  as  aforesaid. 

Rule  12.  Attorneys  and  persons  appearing  in  behalf 
of  detained  aliens  shall  not  be  permitted  to  charge 
a  sum  exceeding  $10  in  each  case,  unless  the  com- 
missioner shall,  in  writing,  allow  an  additional  com- 
pensation, which  fee  shall  be  payable  through  the 
commissioner.  Any  one  charging  an  alien  a  fee  prior 
to  his  detention,  or  charging  or  receiving  from  an  alien 
or  his  relatives  or  friends  a  fee,  gift,  or  compensation 
for  his  services  in  excess  of  above  rates,  or  who  shall 
deprive  an  alien  of  any  part  of  his  chattels  or  effects  in 


THE  UNITED  STATES  127 


lieu  of,  or  as  security  for,  said  fee,  shall  not  be  per- 
mitted to  practise  at  any  immigration  station  of  the 
United  States. 

Rule  14.  The  master,  agent,  owner,  or  consignee 
of  any  vessel  on  which  aliens  are  brought  to  the  United 
States  shall,  at  least  twenty-four  hours  in  advance 
thereof,  notify  the  Commissioner  of  Immigration  of  the 
intended  time  of  sailing  of  such  vessel,  in  order  that 
said  officer  may  place  on  board  thereof  every  alien 
brought  thereon  who  has  been  refused  a  landing. 

Rule  19.  Any  alien  who  has  been  finally  deter- 
mined to  be  admissible  may  be  permitted  to  wait  for 
friends  or  remittances  upon  payment  by  him  of  expenses 
incurred  by  reason  of  such  delay.  In  case  such  an  alien 
is  unable  from  accident  or  other  unavoidable  circum- 
stances to  immediately  continue  his  journey  and  is 
without  sufficient  means  to  defray  the  expense  of  his 
enforced  delay,  the  Commissioner  of  Immigration  may, 
in  his  discretion,  pay  said  expense,  reporting  said  case 
to  the  Bureau  of  Immigration,  with  reasons  for  his 
action,  and  request  that  such  expense  be  repaid  out  of 
the  immigrant  fund. 

Rule  28.  There  shall  be  made  by  the  Commissioners 
of  Immigration  at  the  various  ports  of  the  United  States 
and  Canada  weekly  reports  to  the  Bureau  of  Immi- 
gration containing  a  list  of  all  aliens  detained  from 
Sunday  morning  until  Saturday  niglit,  inclusive,  of 
each  week,  in  which  shall  be  embodied  the  following 
iuformation :  Name  of  alien  ;  age  and  sex ;  date  of 


128    THE  PROBLEM  OF  THE  IMMIGRANT 


arrival ;  vessel  on  which  alien  arrived ;  date  of  deten- 
tion; cause  of  detention;  whether  case  has  been  disposed 
of,  and  if  so,  what  disposition  has  been  made  of  it. 

•  •  <  •  •  •  • 

Regulations  March  13,  1903. 

Boards  of  Special  Inquiry  and  Appeals  therefrom. 

Sec.  10.  That  the  decision  of  the  board  of  special  inquiry, 
hereinafter  provided  for,  based  upon  the  certificate  of  the 
examining  medical  officer,  shall  be  final  as  to  the  rejection  of 
aliens  afilicted  with  a  loathsome  or  with  a  dangerous  contagious 
disease,  or  with  any  mental  or  physical  disability  which  would 
bring  such  aliens  within  any  of  the  classes  excluded  from 
admission  to  the  United  States  under  section  two  of  this  Act. 

•  •••••• 

Sec.  24.  .  .  .  The  decision  of  any  such  officer,  if  favourable 
to  the  admission  of  any  alien,  shall  be  subject  to  challenge  by 
any  other  immigration  officer,  and  such  challenge  shall  operate 
to  take  the  alien  whose  right  to  land  is  so  challenged  before  a 
board  of  special  inquiry  for  its  investigation.  Every  alien  who 
may  not  appear  to  the  examining  immigration  inspector  at  the 
port  of  arrival  to  be  clearly  and  beyond  a  doubt  entitled  to  land 
shall  be  detained  for  examination  in  relation  thereto  by  a  board 
of  special  inquiry. 

Sec  25.  That  such  boards  of  special  inquiry  shall  be 
appointed  by  the  Commissioners  of  Immigration  at  the  various 
ports  of  arrival  as  may  be  necessary  for  the  prompt  determina- 
tion of  all  cases  of  aliens  detained  at  such  ports  under  the 
provisions  of  law.  Such  boards  shall  consist  of  three  members 
who  shall  be  selected  from  such  of  the  immigrant  officials  in 
the  service  as  the  Commissioner-General  of  Immigration,  with 
the  approval  of  the  Secretary  of  the  Treasury,  shall  from  time 
to  time  designate  as  qualified  to  serve  on  such  boards :  Provided, 
That  at  ports  where  there  ai'e  fewer  than  three  immigrant 
inspectors,  the  Secretary  of  the  Treasury,  upon  recommendation 
of  the  Commissioner-General  of  Immigration,  may  designate 


THE  UNITED  STATES 


129 


other  United  States  officials  for  service  on  such  boards  of  special 
inquiry.  Such  boards  shall  have  authority  to  determine 
whether  an  alien  who  has  been  duly  held  shall  be  allowed  to 
land  or  be  deported.  All  hearings  before  boards  shall  be 
separate  and  apart  from  the  public,  but  the  said  boards  shall 
keep  complete  permanent  records  of  their  proceedings  and  of 
all  such  testimony  as  may  be  produced  before  them ;  and  the 
decision  of  any  two  members  of  a  board  shall  prevail  and  be 
final,  but  either  the  alien  or  any  dissenting  member  of  said 
board  may  appeal,  through  the  Commissioner  of  Immigration  at 
the  port  of  arrival  and  the  Commissioner-General  of  Immi- 
gration, to  the  Secretary  of  the  Treasury,  whose  decision  shall 
then  be  final ;  and  the  taking  of  such  appeal  shall  operate  to 
stay  any  action  in  regard  to  the  final  disposal  of  the  alien 
whose  case  is  so  appealed  until  the  receipt  by  the  Commissioner 
of  Immigration  at  the  port  of  arrival  of  such  decision. 

Act  approved  March  3,  1903. 

Rule  8.  Every  alien  arriving  at  a  port  of  the 
United  States  shall  be  promptly  examined,  as  by  law 
provided,  either  on  shipboard  or  at  some  other  place 
designated  for  that  purpose.  If  found  admissible,  he 
shall  be  at  once  landed,  but  if  upon  special  inquiry  he 
is  denied  admission,  he  shall  be  informed  that  he  has  a 
right  of  appeal  therefrom,  and  the  fact  that  he  has  been 
so  informed  shall  be  entered  on  record  in  the  minutes  of 
the  board's  proceedings,  l)ut  no  appeal  will  be  considered 
after  any  such  alien  has,  in  consequence  of  an  adverse 
decision  of  a  board  of  special  inquiry,  been  transferred 
from  an  immigrant  station  to  be  deported. 

Rule  9.  Every  alien  detained  for  special  inquiry, 
which  shall  be  conducted  separate  and  apart  from  the 
public,  shall  have  a  speedy  hearing  and,  upon  the 
conclusion  thereof,  be  either  at  once  landed  or  ordered 
deported.    If  he  electa  to  appeal  from  said  order  of 

K 


130    THE  PROBLEM  OF  THE  IMMIGRANT 


deportation,  he  must,  to  enable  officers  to  comply  with 
the  provisions  of  section  19  of  the  Act  of  March  3,  1903, 
file  notice  of  such  appeal  promptly,  and  a  like  right  of 
appeal  may  be  exercised  by  any  member  of  a  board  of 
special  inquiry  who  dissents  from  the  decision  rendered 
by  such  board. 

Regulations  March  13,  1903. 

Commissioner-General  of  Immigration. 

Sec.  7.  That  the  office  of  superintendent  of  immigration  is 
hereby  created  and  established,  and  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate,  is  authorized  and  directed 
to  appoint  such  officer,  whose  salary  shall  be  four  thousand 
dollars  per  annum,  payable  monthly.  The  superintendent  of 
immigration  shall  be  an  officer  in  the  Treasury  Department, 
under  the  control  and  supervision  of  the  Secretary  of  the 
Treasury,  to  whom  he  shall  make  annual  reports  in  writing  of 
the  transactions  of  his  office,  together  with  such  special  reports, 
in  writing,  as  the  Secretary  of  the  Treasury  shall  require.  The 
Secretary  shall  provide  the  superintendent  with  a  suitably 
furnished  office  in  the  city  of  Washington,  and  with  such  books 
of  record  and  facilities  for  the  discharge  of  the  duties  of  his 
office  as  may  be  necessary. 

Act  approved  March  3,  1891. 

AN  ACT  making  appropriations  for  the  legislative,  executive, 
and  judicial  expenses  of  the  Government  for  the  fiscal  year 
ending  June  30,  1896,  and  for  other  purposes,  approved 
March  2,  1895,  under  the  head  "  Bureau  of  Immigration," 
provides : 

That  the  Superintendent  of  Immigration  shall  hereafter  be 
designated  as  Commissioner-General  of  Immigration,  and,  in 
addition  to  his  other  duties,  shall  have  charge,  under  the 


THE  UNITED  STATES  131 


Secretary  of  the  Treasury,  of  tlie  administration  of  the  alien 
contract-labour  laws,  etc. 

AN  ACT  making  appropriations  for  sundry  civil  expenses  of 
the  Government  for  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  one,  and  for  other  purposes. 
Be  it  enacted,  etc., 

.  .  .  And  hereafter  the  Commissioner-General  of  Immi- 
gration, in  addition  to  his  other  duties,  shall  have  charge  of  the 
administration  of  the  Chinese-exclusion  law  and  of  the  various 
Acts  regulating  immigration  into  the  United  States,  its  Terri- 
tories, and  the  District  of  Columbia,  under  the  supervision  and 
direction  of  the  Secretary  of  the  Treasury. 

Approved  June  6,  1900. 

Sec.  1.  .  .  .  Provided,  That  the  Commissioner-General  of 
Immigration,  under  the  direction  or  with  the  approval  of  the 
Secretary  of  the  Treasury,  by  agreement  with  transportation 
lines,  as  provided  in  section  thirty-two  of  this  Act,  may  aiTange 
in  some  other  manner  for  the  payment  of  the  duty  imposed  by 
this  section  upon  aliens  seeking  admission  overland,  either  as 
to  all  or  as  to  any  such  aliens. 

Sec.  17.  .  .  .  Should  medical  officers  of  the  United  States 
Marine-Hospital  Service  be  not  available,  civil  surgeons  of  not 
less  than  four  years'  professional  experience  may  be  employed 
in  such  emergencies  for  the  said  service,  upon  such  terms  as 
may  be  prescribed  by  the  Commissioner-General  of  Immi- 
gration, under  the  direction  or  with  the  approval  of  the 
Secretary  of  the  Treasury.  The  United  States  Public  Health 
and  Marine-Hospital  Service  shall  be  reimbursed  by  the  Immi- 
gration Service  for  all  expenditures  incurred  in  carrying  out  the 
medical  inspection  of  aliens  under  regulations  of  the  Secretary 
of  the  Treasury. 

Sec.  19.  .  .  .  Provided,  That  the  Commissioner-General  of 
Immigration,  uiuler  the  direction  or  with  the  approval  of  the 


132    THE  PROBLEM  OF  THE  IMMIGRANT 


Secretary  of  the  Treasury,  laay  suspend,  upon  conditions  to  be 
prescribed  by  the  Commissioner-G-eneral,  the  deportation  of  any 
alien  found  to  have  come  under  promise  or  agreement  of  labour 
or  service  of  any  kind  if,  in  his  judgment,  the  testimony  of  such 
alien  is  necessary  on  behalf  of  the  United  States  Government 
in  the  prosecution  of  offenders  against  the  provisions  of  sections 
four  and  five  of  this  Act:  .  .  . 

Sec.  22.  That  the  Commissioner-General  of  Immigration,  in 
addition  to  such  other  duties  as  may  by  law  be  assigned  to  him, 
shall,  under  the  direction  of  the  Secretary  of  the  Treasury, 
have  charge  of  the  administration  of  all  laws  relating  to  the 
immigration  of  aliens  into  the  United  States,  and  shall  have 
the  control,  direction,  and  supervision  of  all  officers,  clerks, 
and  employees  appointed  thereunder.  He  shall  establish  such 
rules  and  regulations,  prescribe  such  forms  of  bonds,  reports, 
entries,  and  other  papers,  and  shall  issue  from  time  to  time 
such  instructions,  not  inconsistent  with  law,  as  he  shall 
deem  best  calculated  for  carrying  out  the  provisions  of  this  Act 
and  for  protecting  the  United  States  and  aliens  migrating 
thereto  from  fraud  and  loss,  and  shall  have  authority  to  enter 
into  contracts  for  the  support  and  relief  of  such  aliens  as  may 
fall  into  distress  or  need  public  aid ;  all  under  the  dii'ection  or 
with  the  approval  of  the  Secretary  of  the  Treasury.  And  it 
shall  be  the  duty  of  the  Commissioner-General  of  Immigration 
to  detail  officers  of  the  Immigration  Service  from  time  to  time 
as  may  be  necessary,  in  his  judgment,  to  secure  information  as 
to  the  number  of  aliens  detained  in  the  penal,  reformatory 
and  charitable  institutions  (public  and  private)  of  the  several 
States  and  Territories,  the  District  of  Columbia,  and  other 
territory  of  the  United  States,  and  to  inform  the  officers  of  such 
institutions  of  the  provisions  of  law  in  relation  to  the  deporta- 
tion of  aliens  who  have  become  public  charges :  Provided,  That 
the  Commissioner-General  of  Immigration  may,  with  the 
approval  of  the  Secretary  of  the  Treasury,  whenever  in  his 
judgment  such  action  may  be  necessary  to  accomplish  the 
purposes  of  this  Act,  detail  immigration  officers  for  temporary 
service  in  foreign  countries. 


THE  UNITED  STATES 


133 


Sec,  25.  .  .  .  Such  boards  shall  consist  of  three  members, 
who  shall  be  selected  from  such  of  the  immigrant  officials  in  the 
service  as  the  Commissioner-General  of  Immigration,  with  the 
approval  of  the  Secretary  of  the  Treasury,  shall  from  time  to 
time  designate  as  qualified  to  serve  on  such  boards  :  Provided, 
That  at  ports  where  there  are  fewer  than  three  immigrant 
inspectors,  the  Secretary  of  the  Treasury,  upon  recommendation 
of  the  Commissioner-General  of  Immigration,  may  designate 
other  United  States  officials  for  service  on  such  boards  of 
special  inquiry.  Such  boards  shall  have  authority  to  determine 
whether  an  alien  who  has  been  duly  held  shall  be  allowed  to 
land  or  be  deported.  All  hearings  before  boards  shall  be 
separate  and  apart  from  the  public,  but  the  said  boards  shall 
keep  complete  permanent  records  of  their  proceedings  and  of 
all  such  testimony  as  may  be  produced  before  them ;  and  the 
decision  of  any  two  members  of  a  board  shall  prevail  and  be 
final,  but  either  the  alien  or  any  dissenting  member  of  said 
board  may  appeal,  through  the  Commissioner  of  Immigration  at 
the  port  of  arrival  and  the  Commissioner-General  of  Immi- 
gration, to  the  Secretary  of  the  Treasury,  whose  decision  shall 
then  be  final ;  and  the  taking  of  such  appeal  shall  operate  to 
stay  any  action  in  regard  to  the  final  disposal  of  the  alien  whose 
case  is  so  appealed  until  the  receipt  by  the  Commissioner  of 
Immigration  at  the  port  of  arrival  of  such  decision.  .  .  . 

Sec.  26.  That  no  bond  or  guaranty,  written  or  oral,  that  an 
aUen  shall  not  become  a  public  charge  shall  be  received  from 
any  person,  company,  corporation,  charitable  or  benevolent 
society  or  association,  unless  authority  to  receive  the  same  shall 
in  each  special  case  be  given  by  the  Commissioner-General 
of  Immigration,  with  the  written  approval  of  the  Secretaiy  of 
the  Treasury. 

Sec.  30.  Tliat  after  the  first  day  of  January,  nineteen  hundred 
and  three,  all  exclusive  privileges  of  e.x'changing  money,  trans- 
porting passengers  or  baggage,  or  keeping  eating  houses,  and 
all  other  like  privileges  in  connection  with  any  United  States 
immigrant  station,  shall  be  disposed  of  after  public  com- 
petition, subject  to  such  conditions  and  limitations  as  the 


134    THE  PROBLEM  OF  THE  IMMIGRANT 


Commissioner-General  of  Immigration,  under  the  direction 
or  with  the  approval  of  the  Secretary  of  the  Treasury,  may 
prescribe.  .  .  . 

Sec.  32.  That  the  Commissioner-General  of  Immigration, 
under  the  direction  or  with  the  approval  of  the  Secretary  of  the 
Treasury,  shall  prescribe  rules  for  the  entry  and  inspection  of 
aliens  along  the  borders  of  Canada  and  Mexico,  so  as  not  to 
unnecessarily  delay,  impede,  or  annoy  passengers  in  ordinary 
travel  between  the  United  States  and  said  foreign  countries,  and 
shall  have  power  to  enter  into  contracts  with  foreign  transpor- 
tation lines  for  the  same  pvirpose. 

Act  approved  March  3,  1903, 

Rule  21.  No  application  for  the  admission  under 
bond  of  a  debarred  alien  will  be  considered  except  in 
cases  in  which  deportation  of  the  alien  in  whose  behalf 
such  application  is  made  would  involve  the  separation 
of  immediate  members  of  a  family,  and  in  that  case  only 
when  a  deposit  of  money  is  made  sufficient  to  defray 
the  expense  of  maintaining  such  alien  whilst  awaiting  a 
decision  upon  such  application. 

Eegulations  March  13,  1903. 

Offences  against  Immigration  Laws  Ai^d  Penalties 

therefor. 

Sec.  3.  That  the  importation  into  the  United  States  of  any 
woman  or  girl  for  the  purposes  of  prostitution  is  hereby  for- 
bidden ;  and  whoever  shall  import  or  attempt  to  import  any 
woman  or  girl  into  the  United  States  for  the  purposes  of  prosti- 
tution, or  shall  hold  or  attempt  to  hold  any  woman  or  girl  for 
such  purposes  in  pursuance  of  such  illegal  importation,  shall  be 


THE  UNITED  STATES 


135 


deemed  guilty  of  a  felony,  and,  on  conviction  thereof,  shall  be 
imprisoned  not  less  than  one  nor  more  than  five  years,  and  pay 
a  fine  not  exceeding  five  thousand  dollars. 

Sec.  4.  That  it  shall  be  unlawful  for  any  person,  company, 
partnership,  or  corporation,  in  any  manner  whatsoever,  to  pre- 
pay the  transportation  or  in  any  way  to  assist  or  encourage  the 
importation  or  migration  of  any  alien  into  the  United  States,  in 
pursuance  of  any  offer,  solicitation,  promise,  or  agreement,  parole 
or  special,  expressed  or  implied,  made  previous  to  the  impor- 
tation of  such  alien  to  perform  labour  or  service  of  any  kind, 
skilled  or  unskilled,  in  the  United  States. 

Sec.  5.  That  for  every  violation  of  any  of  the  provisions  of 
section  four  of  this  Act  the  person,  partnership,  company,  or 
corporation  violating  the  same,  by  knowingly  assisting,  en- 
couraging, or  soliciting  the  migration  or  importation  of  any 
alien  to  the  United  States  to  perform  labour  or  service  of  any 
kind  by  reason  of  any  offer,  solicitation,  promise,  or  agreement, 
express  or  implied,  parole  or  special,  to  or  with  such  alien,  shall 
forfeit  and  pay  for  every  such  offence  the  sum  of  one  thousand 
dollars,  which  may  be  sued  for  and  recovered  by  the  United 
States,  or  by  any  person  who  shall  first  bring  his  action  therefor 
in  his  own  name  and  for  his  own  benefit,  including  any  such 
alien  thus  promised  labour  or  service  of  any  kind  as  aforesaid, 
as  debts  of  like  amount  are  now  recovered  in  the  courts  of  the 
United  States;  and  separate  suits  may  be  brought  for  each 
alien  thus  promised  labour  or  service  of  any  kind  as  aforesaid. 
And  it  shall  be  the  duty  of  the  district  attorney  of  the  proper 
district  to  prosecute  every  such  suit  when  brought  by  the 
United  States. 

Sec.  6.  That  it  shall  be  unlawful  and  be  deemed  a  violation 
of  section  four  of  this  Act  to  assist  or  encourage  the  importa- 
tion or  migration  of  any  alien  by  a  promise  of  employment 
through  advertisements  printed  and  published  in  any  foreign 
country ;  and  any  alien  coming  to  this  country  in  consequence 
of  such  an  advertisement  shall  be  treated  as  coming  under  a 
promise  or  agreement  as  contemplated  in  section  two  of  this 
Act,  and  the  penalties  imposed  by  section  five  of  this  Act  shall 
be  applicable  to  such  a  case :  Provided,  That  this  section  shall 


136    THE  PROBLEM  OF  THE  IMMIGRANT 


not  apply  to  States  or  Territories,  the  District  of  Columbia, 
or  places  subject  to  the  jurisdiction  of  the  United  States 
advertising  the  inducements  they  offer  for  immigration  thereto, 
respectively. 

Sec.  7.  That  no  transportation  company  or  owner  or  owners 
of  vessels  or  others  engaged  in  transporting  aliens  into  the 
United  States,  shall,  directly  or  tlirough  agents,  either  by 
writing,  printing,  or  oral  representations,  solicit,  invite,  or 
encourage  the  immigration  of  any  aliens  into  the  United  States 
except  by  ordinary  commercial  letters,  circulars,  advertisements, 
or  oral  representations,  stating  the  sailings  of  their  vessels  and 
terms  and  facilities  of  transportation  therein ;  and  for  a  violation 
of  this  provision  any  such  transportation  company  and  any  such 
owner  or  owners  of  vessels,  and  all  others  engaged  in  trans- 
porting aliens  to  the  United  States,  and  the  agents  by  them 
employed,  shall  be  subjected  to  the  penalties  imposed  by  section 
five  of  this  Act. 

Sec.  8.  That  any  person,  including  the  master,  agent,  owner, 
or  consignee  of  any  vessel,  who  shall  bring  into  or  land  in  the 
United  States,  by  vessel  or  otherwise,  or  who  shall  attempt,  by 
himself  or  through  another,  to  bring  into  or  land  in  the  United 
States,  by  vessel  or  otherwise,  any  alien  not  duly  admitted  by 
an  immigrant  inspector,  or  not  lawfully  entitled  to  enter  the 
United  States,  shall  be  deemed  guilty  of  a  misdemeanour,  and 
shall,  on  conviction,  be  punished  by  a  fine  not  exceeding  one 
thousand  dollars  for  each  and  every  alien  so  landed  or  attempted 
to  be  landed,  or  by  imprisonment  for  a  term  not  less  than  three 
months  nor  more  than  two  years,  or  by  both  such  fine  and 
imprisonment. 

Sec.  9.  That  it  shall  l)c  unlawful  for  any  pe.'son,  including 
any  transportation  company  other  than  railway  lines  entering 
the  United  States  from  foreign  contiguous  territory,  or  the 
owner,  master,  agent,  or  consignee  of  any  vessel,  to  bring  to  the 
United  States  any  alien  afflicted  with  a  loathsome  or  with  a 
dangerous  contagious  disease;  and  if  it  shall  appear  to  the 
satisfaction  of  tlie  Secretary  of  the  Treasury  that  any  alien  so 
brought  to  the  United  States  was  afllicted  with  such  a  disease 
at  the  time  of  foreign  embarkation,  and  that  the  existence  of 


THE  UNITED  STATES 


137 


such  disease  might  have  been  detected  by  means  of  a  competent 
medical  examination  at  such  time,  such  person  or  transportation 
company  or  the  master,  agent,  owner,  or  consignee  of  any  such 
vessel  shall  pay  to  the  collector  of  customs  of  the  customs  district 
in  which  the  port  of  arrival  is  located  the  sum  of  one  hundred 
dollars  for  each  and  every  violation  of  the  provisions  of  tliis 
section ;  and  no  vessel  shall  be  granted  clearance  papers  while 
any  such  fine  imposed  upon  it  remains  unpaid,  nor  shall  such 
fine  be  remitted. 

Sec.  15.  That  in  the  case  of  the  failure  of  the  master  or 
commanding  officer  of  any  vessel  to  deliver  to  the  said  immi- 
gration officers  lists  or  manifests  of  all  aliens  on  board  thereof 
as  required  in  sections  twelve,  thirteen,  and  fourteen  of  this 
Act,  he  shall  pay  to  the  collector  of  customs  at  the  port  of 
arrival  the  sum  of  ten  dollars  for  each  alien  concerning 
whom  the  above  information  is  not  contained  in  any  list  as 
aforesaid. 

Sec.  18.  That  it  shall  be  the  duty  of  the  owners,  officers, 
and  agents  of  any  vessel  bringing  an  alien  to  the  United  States 
to  adopt  due  precautions  to  prevent  the  landing  of  any  such 
alien  from  such  vessel  at  any  time  or  place  other  than  that 
designated  by  the  immigration  officers,  and  any  such  owner, 
officer,  agent,  or  person  in  charge  of  such  vessel  who  shall  land 
or  permit  to  land  any  alien  at  any  time  or  place  other  than 
that  designated  by  the  immigration  officers,  shall  be  deemed 
guilty  of  a  misdemeanour,  and  shall,  on  conviction,  be  punished 
by  a  fine  for  each  alien  so  permitted  to  land  of  not  less  than  one 
hundred  nor  more  than  one  thousand  dollars,  or  by  imprison- 
ment for  a  term  not  exceeding  one  year,  or  by  both  such  fine 
and  imprisonment,  and  every  such  alien  so  landed  shall  be 
deemed  to  Ije  unlawfully  in  the  United  States  and  shall  be 
deported,  iis  i)rovided  by  law. 

Sec.  19.  That  all  aliens  brought  into  this  country  in  viola- 
tion of  law  shall,  if  practicable,  bo  immediately  sent  back  to 
the  countries  whence  they  respectivi^ly  came  on  the  vessels 
bringing  them.    The  cost  of  their  maintenance  while  on  laud, 


138    THE  PROBLEM  OF  THE  IMMIGRANT 


as  well  as  the  expense  of  the  return  of  such  aliens,  shall  be 
borne  by  the  owner  or  owners  of  the  vessels  on  which  they 
respectively  came ;  and  if  any  master,  person  in  charge,  agent, 
owner,  or  consignee  of  any  such  vessels  shall  refuse  to  receive 
back  on  board  thereof,  or  of  any  other  vessel  owned  by  the 
same  interest,  such  aliens,  or  shall  neglect  to  detain  them 
thereon,  or  shall  refuse  or  neglect  to  return  them  to  the  foreign 
port  from  which  they  came,  or  to  pay  the  cost  of  their  main- 
tenance while  on  land,  such  master,  person  in  charge,  agent, 
owner,  or  consignee  shall  be  deemed  guilty  of  a  misdemeanour, 
and  shall,  on  conviction,  be  punished  by  a  fine  not  less  than 
three  hundred  dollars  for  each  and  every  such  offence ;  and  no 
such  vessel  shall  have  clearance  from  any  port  of  the  United 
States  while  any  such  fine  is  unpaid. 

Sec.  21.  That  in  case  the  Secretary  of  the  Treasury  shall  be 
satisfied  that  an  alien  has  been  found  in  the  United  States  in 
violation  of  this  Act  he  shall  cause  such  alien,  within  the  period 
of  three  years  after  landing  or  entry  therein,  to  be  taken  into 
custody  and  returned  to  the  country  whence  he  came,  as  pro- 
vided in  section  twenty  of  this  Act,  or,  if  that  cannot  be  so 
done,  at  the  expense  of  the  immigrant  fund  provided  for  in 
section  one  of  this  Act ;  and  neglect  or  refusal  on  the  part  of 
the  masters,  agents,  owners,  or  consignees  of  vessels  to  comply 
with  the  order  of  the  Secretary  of  the  Treasury  to  take  on  board, 
guard  safely,  and  return  to  the  country  whence  he  came  any 
alien  ordered  to  be  deported  under  the  provisions  of  this  section 
shall  be  punished  by  the  imposition  of  the  penalties  prescribed 
in  section  nineteen  of  this  Act. 

Sec.  24.  .  .  .  Immigration  officers  shall  have  power  to 
administer  oaths  and  to  take  and  consider  testimony  touching 
the  right  of  any  alien  to  enter  the  United  States,  and,  where 
such  action  may  be  necessary,  to  make  a  written  record  of  such 
testimony,  and  any  person  to  whom  such  an  oath  has  been 
administered  under  the  provisions  of  tliis  Act  who  shall 
knowingly  or  wilfully  give  false  testimony  or  swear  to  any 
false  statement  in  any  way  affecting  or  in  relation  to  the  right 


THE  UNITED  STATES  139 


of  an  alien  to  admission  to  tlie  United  States  shall  be  deemed 
guilty  of  perjury  and  be  punished  as  provided  by  section  fifty- 
three  hundred  and  ninety-two,  United  States  Eevised  Statutes. 

Sec.  38.  That  no  person  who  disbelieves  in  or  who  is 
opposed  to  all  organized  government,  or  who  is  a  member  of  or 
affiliated  with  any  organization  entertaining  and  teaching  such 
disbelief  in  or  opposition  to  all  organized  government,  or  who 
advocates  or  teaches  the  duty,  necessity,  or  propriety  of  the 
unlawful  assaulting  or  killing  of  any  officer  or  officers,  either 
of  specific  individuals  or  of  officers  generally,  of  the  Govern- 
ment of  the  United  States  or  of  any  other  organized  Govern- 
ment, because  of  his  or  their  ofiicial  character,  shall  be 
permitted  to  enter  the  United  States  or  any  Territory  or  place 
subject  to  the  jurisdiction  thereof.  This  section  shall  be 
enforced  by  the  Secretary  of  the  Treasury  under  such  rules  and 
regulations  as  he  shall  prescribe. 

That  any  person  who  knowingly  aids  or  assists  any  such 
person  to  enter  the  United  States  or  any  Territory  or  place 
subject  to  the  jurisdiction  thereof,  or  who  connives  or  conspires 
with  any  person  or  persons  to  allow,  procure,  or  permit  any 
such  person  to  enter  therein,  except  pursuant  to  such  rules  and 
regulations  made  by  the  Secretary  of  the  Treasury,  shall  be 
fined  not  moi'e  than  five  thousand  dollars,  or  imprisoned  for 
not  less  than  one  nor  more  than  five  years,  or  both. 

Act  approved  March  3,  1903. 

Sec.  8.  That  all  steamship  or  transportation  companies,  and 
other  owners  of  vessels,  regularly  engaged  in  transporting  alien 
immigrants  to  the  United  States,  shall  twice  a  year  file  a 
certificate  with  tlie  Secretary  of  the  Treasury  that  they  have 
furnished  to  be  kept  conspicuously  exposed  to  view  in  the 
office  of  each  of  their  agents  in  foreign  coiintries  authorized  to 
seU  emigrant  tickets,  a  copy  of  the  law  of  March  third,  eighteen 
hundred  and  ninety-one,  and  of  all  subsequent  laws  of  this 
country  relative  to  immigration,  printed  in  largo  letters,  in  the 


140    THE  PROBLEM  OF  THE  IMMIGRANT 


language  of  the  country  where  the  copy  of  the  law  is  to  be 
exposed  to  view,  and  that  they  have  instructed  their  agents  to 
call  the  attention  thereto  of  persons  contemplating  emigration 
before  selling  tickets  to  them ;  and  in  case  of  the  failure  for 
sixty  days  of  any  such  company  or  any  such  owners  to  file 
such  a  certificate,  or  in  case  they  file  a  false  certificate,  they 
shall  pay  a  fine  of  not  exceeding  five  hundred  dollars,  to  be 
recovered  in  the  proper  United  States  court,  and  said  fine  shall 
also  be  a  lien  upon  any  vessel  of  said  company  or  owners  found 
within  the  United  States. 

Act  approved  March  3,  1893. 


Miscellaneous. 

Sec.  8.  That  all  steamship  or  transportation  companies,  and 
other  owners  of  vessels,  regularly  engaged  in  transporting  alien 
immigrants  to  the  United  States,  shall  twice  a  year  file  a 
certificate  with  the  Secretary  of  the  Treasury  that  they  have 
furnished  to  be  kept  conspicuously  exposed  to  view  in  the 
office  of  each  of  their  agents  in  foreign  countries  authorized  to 
sell  emigrant  tickets,  a  copy  of  the  law  of  March  third,  eighteen 
hundred  and  ninety-one,  and  of  all  subsequent  laws  of  this 
country  relative  to  immigration,  printed  in  large  letters,  in  the 
language  of  the  country  where  the  copy  of  the  law  is  to  be 
exposed  to  view,  and  that  they  have  instructed  their  agents  to 
call  the  attention  thereto  of  persons  contemplating  emigration 
before  selling  tickets  to  them ;  and  in  case  of  the  failure  for 
sixty  days  of  any  such  company  or  any  such  owners  to  file 
such  a  certificate,  or  in  case  they  file  a  false  certificate,  they 
shall  pay  a  fine  of  not  exceeding  five  hundred  dollars,  to  be 
recovered  in  the  proper  United  States  court,  and  said  fine  shall 
also  be  a  lien  upon  any  vessel  of  said  company  or  owners  found 
within  the  United  States. 

Act  approved  March  3,  1893. 


THE  UNITED  STATES 


141 


Rule  25.  The  certificate  required  by  section  8  of 
the  Act  approved  March  3,  1893,  to  be  filed  with  the 
Secretary  of  the  Treasury,  shall  be  filed  upon  the  first 
days  of  January  and  July  of  each  year. 

Regulations  of  March  13,  1908. 

Sec.  27.  That  no  suit  or  proceeding  for  a  violation  of  the 
provisions  of  this  Act  shall  be  settled,  compromised,  or  dis- 
continued without  the  consent  of  the  court  in  which  it  is 
pending,  entered  of  record,  with  the  reasons  therefor. 

Sec.  28.  That  nothing  contained  in  this  Act  shall  be  con- 
strued to  affect  any  prosecution  or  otlier  proceeding,  criminal 
or  civil,  begun  under  any  existing  Act  or  any  Acts  hereby 
amended,  but  such  prosecutions  or  other  proceedings,  criminal 
or  civil,  shall  proceed  as  if  this  Act  had  not  been  passed. 

Sec.  29.  That  the  circuit  and  district  courts  of  the  United 
States  are  hereby  invested  with  full  and  concurrent  jurisdic- 
tion of  all  causes,  civil  and  criminal,  arising  under  any  of  the 
provisions  of  this  Act. 

Sec  30.  That  after  the  first  day  of  January,  nineteen 
hundred  and  three,  all  exclusive  privileges  of  exchanging 
money,  transporting  passengers  or  baggage,  or  keeping  eating 
houses,  and  all  other  like  privileges  in  connection  with  any 
United  States  immigration  station,  shall  be  disposed  of  after 
public  competition,  subject  to  such  conditions  and  Hmitations 
as  the  Commissioner-General  of  Immigration,  under  the  direc- 
tion or  with  the  approval  of  the  Secretary  of  the  Treasury,  may 
prescribe :  Provided,  That  no  intoxicating  liquors  shall  be  sold 
in  any  such  immigrant  station  ;  that  all  receipts  accruing  from 
the  disposal  of  such  exclusive  privileges  as  herein  provided 
shall  be  paid  into  the  United  States  Treasury  to  the  credit  of 
the  immigrant  fimd  provided  for  in  section  one  of  this  Act. 

Sec.  31.  That  for  the  preservation  of  the  peace,  and  in  order 
that  arrests  may  bo  made  for  crimes  under  the  laws  of  the 
States  and  Territories  of  the  United  States  whore  the  various 
immigrant  stations  are  located,  the  oflicers  in  charge  of  such 
stations,  as  occasion  may  requhe,  shall  admit  therein  the 


142    THE  PROBLEM  OF  THE  IMMIGRANT 


proper  State  and  municipal  officers  charged  with  the  enforce- 
ment of  such  laws,  and  for  the  purposes  of  this  section  the 
jurisdiction  of  such  officers  and  of  the  local  courts  shall  extend 
over  such  stations. 

Sec.  33.  That  for  the  purposes  of  this  Act  the  words 
"  United  States  "  as  used  in  the  title  as  well  as  in  the  various 
sections  of  this  Act  shall  be  construed  to  mean  the  United 
States  and  any  waters,  territory,  or  other  place  now  subject  to 
the  jurisdiction  thereof. 

•)••••" 

Sec.  36.  That  all  Acts  and  parts  of  Acts  inconsistent  with 
this  Act  are  hereby  repealed :  Provided,  That  this  Act  shall 
not  be  construed  to  repeal,  alter,  or  amend  existing  laws  relating 
to  the  immigration,  or  exclusion  of,  Chinese  persons  or  persons 
of  Chinese  descent. 

Act  approved  March  3,  1903. 

By  Act  of  February  14,  1903,  Congress  transferred 
the  Immigration  Bureau  and  the  Chinese  Exclusion 
Service  from  the  Treasury  Department  to  the  Depart- 
ment of  Commerce  and  Labour,  recently  created. 


CHAPTER  IX 


FKANCE 

With  an  area  of  204,092  square  miles,  France  has  a 
population  of  about  39,000,000.  This  population  is 
practically  at  a  standstill,  owing  to  an  abnormally  small 
birth  rate.  A  large  proportion  of  the  people  are 
engaged  in  agriculture.  There  is  practically  no  immi- 
gration into  France,  and  almost  as  little  emigration,  as 
less  than  6000  French  citizens  left  France  last  year  to 
seek  permanent  homes  elsewhere.  The  total  number  of 
French  emigrants  in  nearly  fifty  years  is  only  about 
300,000,  of  whom  60,000  have  gone  to  the  United 
States,  the  others  being  distributed  among  many 
countries. 

The  trans-French  emigration  traffic  is  no  inconsider- 
able item,  however,  owing  to  that  country  being  a 
convenient  gathering-place  for  emigrants  from  the 
Levant  en  route  to  the  West.  These  people  come  to 
Marseilles  on  the  Mediterranean  steamers,  and  arc  taken 
from  there  to  Havre,  where  they  embark  for  other 
countries.  It  is  estimated  that  at  least  20,000  Levan- 
tines were  brought  to  Marseilles  last  year,  were  there 
inspected  by  the  transportation  agents  as  to  their 
desirability  as  passengers,  and  those  accepted  were  sent 
ou  to  the  French  Atlantic  ports.    The  police  regulation 


144    THE  PROBLEM  OF  THE  IMMIGRANT 


of  this  traffic  is  most  minute.  The  emigrants  are 
segregated  into  closely  guarded  communities  in  Mar- 
seilles, and  a  French  Government  inspector  follows  their 
movements  from  arrival  until  the}^  are  finally  embarked 
upon  some  steamship  leaving  France. 

The  largest  proportion  of  these  emigrants  are  Syrians 
and  Armenians.  In  the  country  of  their  adoption  they 
usually  become  itinerant  merchants  or  factory  hands. 
They  are  generally  of  a  most  undesirable  class,  and, 
while  not  vicious,  their  intellectual  level  is  low.  There 
are  exceptions  to  this  rule,  but  not  in  sufficient  numbers 
to  remove  from  this  emiarration  movement  the  bad 
reputation  it  has  attained  among  those  brought  into 
contact  with  it.  The  most  dangerous  feature  is  the 
general  prevalence  of  contagious  and  loathsome  diseases, 
some  of  which  are  difficult  of  detection,  and  any  one  of 
which  constitutes  a  serious  threat  to  foreign  communities 
into  which  these  aliens  are  absorbed.  The  larger  part 
of  this  emigration  proceeds  directly  to  the  United  States, 
and,  notwithstanding  the  extreme  care  exercised  by  the 
steamship  officials,  assisted  by  American  representatives, 
a  considerable  number  reach  New  York  in  such  condition 
as  to  become  subject  to  deportation.  The  handling  of 
this  emigration  business  is  looked  upon  by  the  French 
Government  entirely  as  a  matter  of  police  regulation, 
and  the  manner  in  which  it  is  taken  care  of  exposes  the 
French  people  to  the  minimum  of  danger. 

The  general  principle  that  every  man  is  at  liberty 
to  leave  his  own  country  and  emigrate  into  another  was 
not  recognized  in  France  during  many  centuries. 

An  ordinance  of  Louis  XIV.,  dated  1669,  prohibited 
French  citizens  from  establishing  themselves  in  foreign 
countries  without  the  authorization  of  the  King  :  a  vio- 
lation of  this  rule  was  punished  by  confiscation  of 


FRANCE 


145 


property  and  imprisonment,  and  also  by  the  loss  of 
French  citizenship.  This  ordinance  remained  in  force 
until  the  Revolution,  and  it  is  in  the  Constitution  of 
1791  that  the  first  proclamation  of  the  principle  of 
freedom  of  emigration  from  France  is  found.  During 
the  Revolutionary  period,  however,  several  laws  were 
passed,  for  political  reasons,  against  the  aristocracy  who 
fled  from  France.  These  laws  are  known  as  Lois  contre 
les  Emigres,  but,  having  been  passed  for  political 
reasons,  and  being  directed  against  a  class  of  citizens 
entirely  different  from  the  usual  emigrants,  it  is  un- 
necessary to  dwell  longer  upon  them. 

In  the  first  half  of  the  nineteenth  century  a  current 
of  emigration  from  European  countries  to  the  United 
States  of  America  and  elsewhere  appeared  and  steadily 
increased,  and  laws  were  passed  in  various  countries  to 
protect  the  emigrants.  In  Great  Britain  two  Acts  of 
Parliament  were  passed,  one  in  1852  and  one  in  1855, 
organizing  the  emigration  service.  In  Germany  and 
Belgium  also  laws  were  passed  on  this  subject.  In 
Spain  two  royal  ordinances  dealt  with  the  policing  of 
emigration.  In  Hamburg  and  in  Bremen  a  commission 
composed  of  senators  was  appointed  about  the  same 
time  to  control  the  execution  of  the  laws  and  contracts 
on  the  subject  of  emigration,  and  to  decide  without  loss 
of  time  all  controversies  which  might  arise  between 
emigration  agencies  and  emigrants. 

In  Bremen  a  large  municipal  hotel  was  organized 
where  emigrants  could  l)c  lodged  and  fed  until  the  date  of 
departure  They  were  given  specially  favourable  tariffs 
on  German  railways  between  their  homes  and  Hamburg 
and  Bremen  respectively.  Thus  by  minutely  and  care- 
fully protecting  emigrants,  the  various  countries  above 
indicated,  especially  Germany,  endeavoured  to  ensure  to 

L 


146    THE  PROBLEM  OF  THE  IMMIGRANT 


themselves  the  profits  which  naturally  would  arise  from 
a  large  movement  of  emigrants, 

German  legislation  went  still  further,  and  by  a 
circular  dated  September  5,  1853,  the  Prussian  Govern- 
ment expressly  provided  that  no  concession  for  the 
purpose  of  transporting  emigrants  would  be  given  unless 
the  ports  of  embarkation  were  confined  to  Germany  or 
Belgium. 

"  The  transportation  by  French  or  Dutch  ports  can 
only  be  authorized  when  it  shall  have  been  rendered 
regular  and  sure  by  the  adoption  in  those  two  countries 
of  efficacious  legislative  provisions." 

It  was  under  these  circumstances  that  France,  a 
country  which  had  not  given  much  attention  to  the 
subject  before,  French  emigration  having  always  been 
small,  became  aware  of  the  profit  which  might  be  derived 
if  the  German  and  Italian  emigrants  could  be  persuaded 
to  travel  through  French  territory.  France  was  already 
in  a  very  favourable  geographical  position,  and  a  law 
protecting  emigrants  by  providing,  as  the  Prussian 
circular  expressed  it,  "  efficacious  legislative  provisions," 
would,  it  was  thought,  divert  to  French  ports  a  large 
proportion  of  the  German  flow  of  emigration. 

Furthermore,  if  the  emigrants  could  be  persuaded 
to  pass  through  France,  it  would  cheapen  the  cost  of 
American  importations,  such  as  cotton,  etc.,  as  the 
American  ships  bringing  goods  over  to  France  would 
charge  less  freight  if  they  were  sure  to  find  in  the 
French  harbours  emigrants  to  embark  on  their  homo 
journey. 

Consequently,  in  1854,  a  commission  was  appointed 
to  study  the  subject  of  European  emigration.  As  a 
result  of  the  work  of  this  commission,  a  decree  was 


FRANCE 


147 


passed  on  the  15th  of  January,  1855,  amended  by  a 
decree  of  April  28,  1855.  The  main  provisions  of  these 
two  decrees  are  as  follows. 

In  Strasburg,  Paris,  Havre,  Forbach,  and  St.  Louis 
were  established  commissions,  which,  in  the  interests  of 
the  police  and  of  the  emigrants,  supervised  both  French 
and  foreign  emigrants. 

The  emigration  service  in  Havre  was,  moreover, 
entrusted  with  inspection  of  the  ships,  the  control  of 
the  provisions,  and  the  embarkation  of  the  emigrants. 

At  the  same  time,  information  offices  were  organized 
in  different  cities,  and  these  offices  gave,  free  of  charge 
to  emigrants,  all  information  on  the  subject  of  travelling 
through  France,  of  the  drafting  of  emigration  con- 
tracts, etc. 

Foreign  emigrants  were  not  allowed  to  come  into 
France  on  the  land  side  unless  they  were  possessed  of 
200  francs  in  the  case  of  adults,  and  80  francs  in  the 
case  of  children  between  the  ages  of  six  and  fifteen. 
They  were  not  allowed  to  enter  France  by  sea  unless 
possessed  of  150  francs  in  the  case  of  adults,  and  60 
francs  in  the  case  of  children  between  the  ages 
mentioned. 

Emigration  agencies  were  required  to  furnish  a  bond. 

The  luggage  of  emigrants  travelling  through  FraDcc 
was  exempted  from  examination  by  the  custom- 
houses. 

These  decrees  further  dealt  in  detail  with  the  space 
that  had  to  be  allowed  on  board  ship  to  each  emigrant, 
with  the  provisions  to  be  taken  on  board,  with  the 
maximum  duration  of  the  voyage,  with  the  measures  to 
be  takeu  for  keeping  the  ship  clean  and  healthy  ;  and 
they  also  provided  that  there  should  be  a  physician  on 
each  ship,  etc. 


148    THE  PROBLEM  OF  THE  IMMIGRANT 


Subsequent  to  the  passing  of  the  two  decrees  of 
January  and  April,  1855,  a  law  was  passed  by  the 
French  Legislature  on  July  18,  1860.  This  law  deals 
with  the  liabilities  and  obligations  imposed  on  emigra- 
tion agencies,  and  is  given  in  full. 

All  the  requirements  fixed  by  this  law,  and  all  the 
obligations  imposed  by  it  on  emigration  agencies,  are  for 
the  protection  of  emigrants,  and  calculated  to  persuade 
foreign  emigrants  to  employ  French  harbours,  thereby 
securing  their  passage  through  France.  That  this  is 
the  intention  of  the  law  of  July,  1860,  is  clearly  shown 
by  the  Parliamentary  documents  annexed  thereto,  and 
especially  by  the  introductory  chapter  to  the  Bill.  The 
following  lines  can  be  quoted  from  this  introduction  : — 

"  The  question  has  been  raised  whether,  in  rendering 
emigration  easier,  the  law  would  not  have  the  effect  of 
favouring  at  the  same  time  the  expatriation  of  French 
citizens. 

"Without  entering  into  a  discussion  that  belongs  to 
the  field  of  political  economy,  the  following  answer  can 
be  made  : — 

"  In  France  the  total  number  of  emigrants  does  not 
quite  reach  20,000  yearly  ;  they  are  furnished  chiefly 
by  Alsace-Lorrain  and  Basque,  those  from  the  former 
province  going  to  North  America,  and  those  from  the 
latter  to  South  America.  It  is  very  probable  that  a 
certain  number  of  the  20,000  are  colonists  rather  than 
emigrants,  that  is  to  say,  they  go  to  Algiers,  where  they 
find  another  France. 

"  Free,  therefore,  from  any  anxiety  as  to  French 
emigration,  the  French  Government  can  facilitate  the 
passing  through  France  of  the  German  emigrants  by  all 
possible  measures,  and  one  of  the  best  certainly  is  a 
good  legislation." 

Two  decrees  passed  in  March  and  April  of  1861 


FKANCE 


149 


contain  a  number  of  provisions  regarding  the  application 
of  the  law  of  July  18,  1861.  Both  deal  with  provisions 
and  questions  similar  to  those  dealt  with  in  the  decrees 
of  1855. 

More  recent  legislation  on  the  subject  is  scarce.  The 
following  provisions  may,  however,  be  mentioned  : — 

By  a  circular  dated  January  15,  1879,  the  pass- 
port which  had  been  up  to  that  time  required  from 
foreign  emigrants  passing  through  France,  was  rendered 
no  longer  obligatory. 

A  circular  of  the  Home  Office,  dated  January  16, 
1886,  draws  the  attention  of  mayors  and  local  police 
officers  to  the  fact  that,  although  they  cannot  forcibly 
prevent  the  departure  of  emigrants,  they  may  usefully 
intervene  with  disinterested  advice  of  prudence  and 
reason,  especially  in  small  villages,  in  order  to  frustrate 
the  mercenary  efforts  of  emigration  agencies.  This 
circular  mentions  Mexico,  Dominique,  Venezuela,  Bengal, 
and  the  United  States  as  countries  presenting  few 
opportunities  for  success. 

The  circular  of  January  16,  1886,  was  followed  by 
one  issued  by  the  Home  Office,  February  18,  1886, 
instructing  police  officers  to  warn  emigrants  against 
going  to  Canada. 

"  Emigration  to  Canada,"  said  this  circular,  "  can 
l)e  successful  in  only  two  cases — first,  for  those  who  are 
willing  to  be  employed  as  agricultural  labourers  l^y 
others ;  and  second,  for  those  who  have  sufficient 
pecuniary  means  to  establish  themselves  independently  ; 
all  (jtliers  are  condemned  to  misery." 

April  18,  1889,  the  Home  Office  issued  a  circular, 
warning  against  emigration  to  the  Argentine  Republic. 
The  following  is  quoted  : — 


150    THE  PROBLEM  OF  THE  IMMIGRANT 


"  The  organizers  of  emigration  to  Argentina  are 
anxious  to  populate  big  desert  territories,  in  order  to 
increase  the  value  of  the  soil.  The  assistants  of  these 
organizers  are  merely  anxious  to  get  the  premium 
allowed  them  for  every  emigrant  they  may  find. 

"  The  expatriation  of  French  citizens  is,  therefore, 
merely  a  speculation." 

It  is  worthy  of  note  that  the  spirit  in  which  these 
three  circulars  were  issued,  and  the  practical  purpose  at 
which  they  aim,  are  entirely  different  from  the  spirit 
and  purpose  of  the  legislation  between  1855  and  1861. 
It  is  clear  that  in  these  circulars  of  1886  and  1889  the 
French  Government  sought,  not  to  organize  an  emigra- 
tion service  which  should  attract  foreigners  to  French 
harbours,  but  rather  to  protect  French  citizens  from 
allowing  themselves  to  be  persuaded  to  leave  their  own 
country. 

Furthermore,  the  Home  Office  issued  a  circular. 
May  28,  1891,  which,  by  afibrding  facilities  to  emi- 
grants, encouraged  immigration  into  the  French  Pro- 
tectorate of  Tunis. 

The  special  commissioners  for  foreign  emigration 
who  were  appointed  by  the  decree  of  January  15, 
1855,  were  suppressed  a  few  years  ago  for  reasons  of 
economy.  At  present  they  are  replaced  by  the  ordinary 
police  ofiicers  and  by  railway  police  officers. 

The  central  office  entrusted  with  all  questions  of 
emigration  is  the  Third  Bureau  of  the  "Dii'ection  dc 
Surete  Generale "  at  the  "  Ministere  de  I'lnttirieur " 
(Home  Office).  There  also  exists  another  bureau,  which 
collects  all  statistics  of  French  emigration  and  of  foreign 
emigration  from  French  ports. 


FKANCE 


151 


[Translated  from  the  French.) 
THE  LAW  OF  JULY  25,  ISfiO, 
Concerning  Emigration. 

Article  I. 

No  person  can  undertake  the  operations  of  engaging 
or  transporting  emigrants  without  authorization  from 
the  Minister  of  Agriculture,  Commerce,  and  Public 
Works. 

Article  II. 

A  regulation  of  public  administration  determines  the 
conditions  under  which  the  authorization  is  accorded  ; 
the  rate  and  the  form  of  the  guarantee  to  be  required  ; 
the  case  in  which  the  authorization  can  be  withdrawn  ; 
and  the  obligations  which  emigration  agencies  are  bound 
to  fulfil. 

[Note. — A  regulation  of  public  administration,  or  %Ln  reglc- 
ment  d' administration  puMique,  is  a  decree  passed  by  the  Conseil 
d'Etat  and  promulgated  by  the  Executive,  in  explanation  and  en- 
forcement of  a  law  previously  passed  by  the  French  Parliament.] 

Article  III. 

Imperial  decrees  fix  the  space  reserved  to  each 
passenger  on  the  boats  destined  to  transport  the  emi- 
grants, the  conditions  of  accommodation  and  of  the 
supply  of  food,  the  manner  of  visiting  the  ships  before 
their  departure  ;  this  visit  being  made  on  French  ships 
as  prescribed  in  Article  CCXXV.  of  the  Commercial 
Code. 

The  fees  of  the  experts  charged  with  the  above- 
mentioned  visit  on  French  and  foreign  vessels,  as  well 


152    THE  PROBLEM  OF  THE  IMMIGRANT 


as  tlie  fees  of  doctors  charged  with  the  medical 
attendance,  and  other  accessory  expenses,  are  fixed  by 
ministerial  decrees,  and  must  be  paid  by  the  transporta- 
tion company. 

Article  IV. 

No  ship  destined  for  emigration  service  can  leave 
port  until  the  captain  or  shipowner  has  secured  a 
certificate  stating  that  all  the  prescriptions  imposed 
either  by  this  law  or  by  decrees  and  ministerial  decisions 
made  in  execution  thereof  in  the  interest  of  the  police 
and  of  the  emigrants,  have  been  fulfilled. 

Article  V. 

The  emiorants  have  the  right  to  be  received  on 
board  the  day  before  the  date  fixed  for  departure. 

They  have  also  the  right  to  remain  on  board  for 
forty-eight  hours  after  anchorage  in  the  port  of  destina- 
tion, unless  the  ship  is  obliged  to  leave  again  immediately. 

Article  VI. 

Every  emigrant  prevented  from  leaving  on  account 
of  serious  or  contagious  illness,  properly  certified,  has  a 
right  to  the  restitution  of  the  price  paid  for  his  passage. 
The  passage  price  is  also  returned  to  the  members  of 
his  family  who  remain  with  him. 

Article  VII. 

If  the  ship  docs  not  leave  the  port  on  tho  day  fixed 
in  the  contract,  the  agency  responsible  is  l)ound  to  pay 
to  each  emigrant,  for  each  day  of  delay,  an  indemnity 


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153 


for  living  expenses,  the  rate  of  which  is  fixed  by  a 
decree. 

If  the  delay  exceeds  ten  days,  and  if,  in  the  interval, 
the  agency  has  not  provided  for  the  departure  of  the 
emigrant  on  another  ship,  and  according  to  the  con- 
ditions fixed  in  the  contract,  the  emigrant  has  the  right 
to  renounce  the  contract  by  making  a  simple  declaration 
before  the  Emigration  Commissioner,  without  prejudice 
to  the  damages  which  might  be  allowed  to  the  emigrant. 

Nevertheless,  if  the  delay  is  caused  by  unavoidable 
circumstances,  ascertained  and  verified  by  the  Emigration 
Commissioner,  the  emigrant  cannot  renounce  the  con- 
tract, nor  claim  an  indemnity  for  his  living  expenses  in 
the  town,  provided  that  he  be  lodged  and  fed  either 
in  the  town  or  on  board,  at  the  expense  of  the  agency 
or  its  representatives. 

Article  VIII. 

The  agency  is  responsible  for  the  transportation  of 
the  emigrant  to  the  place  of  destination  mentioned  in 
the  contract. 

The  shipment  should  be  direct,  unless  stipulated  to 
the  contrary. 

In  case  the  ship  is  forced  to  put  into  port  or  does  so 
voluntarily,  the  emigrants  are  lodged  and  fed  on  board, 
at  the  ship's  expense,  during  the  whole  time  it  remains 
in  port,  or  are  indemnified  for  their  expenses  on  shore. 

In  case  of  wreckage  or  of  any  other  sea  accident 
which  might  prevent  the  ship  from  continuing  on  its 
course,  the  agency  is  bound  to  effect  the  trausportation 
of  the  emigrant  to  the  place  of  destination  fixed  in  the 
contract  at  its  own  expense. 


154    THE  PROBLEM  OF  THE  IMMIGRANT 


Article  IX. 

In  case  the  emigration  agencies  should  not  fulfil, 
from  the  departure  of  the  vessel,  their  engagements 
towards  the  emigrants,  the  Minister  of  Agriculture, 
Commerce  and  Public  Works  proceeds  to  the  settlement 
and  liquidation  of  indemnities,  with  recourse  to  the 
Council  of  State. 

The  collection  of  these  indemnities,  settled  and 
liquidated,  is  made  by  the  Minister  of  Finance. 

Article  X. 

Every  infraction  of  the  provisions  of  Articles  I.  and 
IV.  of  this  law  is  punishable  by  a  fine  of  50  francs  to 
5000  francs. 

In  case  of  a  repetition  of  the  offence  within  the  year, 
the  fine  is  doubled. 

Every  infraction  of  the  regulations  of  public  adminis- 
tration, of  the  imperial  decrees,  and  of  the  ministerial 
decisions  made  for  the  enforcement  of  the  said  regula- 
tions and  decrees,  concerning  the  rules  for  emigration, 
is  punishable  by  penalties  detailed  in  Article  CCCCLXX. 
of  the  Penal  Code. 

Article  XI. 

Offences  and  infractions  can  be  established — 

(1)  In  France,  by  the  Emigration  Commissioners  in 
their  capacity  of  auxiliary  police  officers  of  the  public 
prosecutor,  by  all  officers  of  the  police,  and  by  the 
functionaries  or  agents  who  may  be  invested  by  a 
ministerial  decision,  either  permanently  or  temporarily, 
with  the  attributes  of  an  Emigration  Commissioner  ; 

(2)  On  board  French  vessels  in  foreign  ports,  by 


FRANCE  155 

French  consuls,  assisted,  if  necessary,  by  such  professional 
men  as  they  may  deem  fit  to  designate. 

Reports  will  be  upheld  until  proof  to  the  contrary  is 
produced. 

They  are  stamped  and  registered  without  charge. 


CHAPTER  X 


BELGIUM 

The  population  of  Belgium  is  G, 896,079.  Each  suc- 
ceeding census  shows  a  small  but  permanent  increase 
in  the  number  of  people  living  in  this  country  of  limited 
area.  The  density  of  population  is  nearly  600  persons 
to  the  square  mile.  No  particular  form  of  occupation 
absorbs  the  energies  of  a  majority  of  the  people,  for  all 
industries  and  pursuits  are  represented  with  a  marvellous 
degree  of  uniformity  as  to  the  number  employed  in  each. 
The  condition  of  the  population  is  satisfactorily  normal, 
there  being  a  healthy  percentage  of  births  over  deaths. 
The  emigration  of  native  Belgians  is  more  than  balanced 
by  the  immigration  of  aliens,  the  number  of  people  leaving 
the  country  to  seek  homes  elsewhere  being  about  20,000 
annually.  This  rate  of  exodus  has  been  maintained  for 
several  years  past.  A  small  net  gain  by  the  permanent 
movement  of  population  in  and  out  of  the  country  is 
shown  each  year. 

There  is  practically  no  restraint  upon  immigration 
into  Belgium  other  than  the  subsequent  police  surveil- 
lance which  is  common  to  nearly  all  European  countries. 
There  is  even  less  restraint  upon  emigration.  The 
emigrant,  if  he  so  desires,  may  procure  a  passport.  He 
can  also  secure  from  the  burgomaster  of  the  city,  town- 
ship, or  village,  where  he  has  a  residence,  an  identifica- 
tion paper,  in  which  is  set  forth  the  date  of  his  birth, 


BELGIUM 


157 


and  which  contains  a  certificate  of  good  character.  The 
procuring  of  these  papers  is  not  compulsory,  and  there 
is  no  provision  of  the  law  which  would  prevent  any 
discharged  convict  or  other  undesirable  character  from 
any  other  country  of  Europe  embarking  at  Antwerp  if 
provided  with  a  ticket. 

The  Belgian  Government  has  shown  no  disposition 
towards  assisting  any  foreign  country  in  the  supervision 
of  emigration  for  that  country  from  Belgian  ports.  In 
fact,  in  certain  instances,  its  action  has  been  decidedly 
hostile  towards  any  inspection  or  even  the  presence  of 
foreign  officials  at  embarkations  there  in  official  capacity. 
Any  discrimination  which  is  exercised  in  the  character 
of  passengers  taken  aboard  trans- Atlantic  steamers  is  at 
the  instance  of  the  steamship  companies  in  their  effort 
to  avoid  deportations  from  the  United  States. 

The  native  emigration  from  Belgium  is  inconsider- 
able, as  shown,  but  owing  to  the  fact  that  Antwerp  is 
one  of  the  important  points  of  embarkation  for  emi- 
grants from  other  European  countries,  the  treatment  of 
emigration  by  the  Belgian  Government  becomes  of  con- 
siderable interest  and  importance.  In  1902  over  50,000 
people  of  other  nationalities  departed  from  Antwerp  as 
emigrants  to  the  United  States  alone.  All  the  emi- 
gration afi'airs  of  the  kingdom  arc  controlled  and 
administered  by  a  commission  created  for  that  purpose. 
The  law  governing  that  commission  is  here  given  in 
full.  The  rules  and  regulations  in  explanation  and 
execution  of  the  law  are  detailed  and  elaborate,  but  are 
confined  almost  entirely  to  measures  for  the  protection 
of  the  emigrant,  and  are  more  in  the  nature  of  shipping 
laws.  The  law  also  includes  more  or  less  regulation  of 
emigration  agencies  such  as  is  in  force  or  under  conside- 
ration in  nearly  every  country  of  Continental  Europe. 


158    THE  PROBLEM  OF  THE  IMMIGRANT 


The  Belgian  law  is  not  so  strict  in  its  provisions, 
however,  as  the  laws  of  Switzerland,  Germany,  Hungary, 
and  Italy.  A  revision  of  the  emigration  law  of  Belgium 
is  now  under  consideration,  the  present  law  having  been 
enacted  at  a  time  when  apparently  the  sole  purpose  was 
to  encourage  emigration  from  other  countries  through 
Belgian  ports. 

[Translated  from  the  Frencli.) 
THE  LAW  OF  DECEMBER  14,  1876, 
Regulating  the  Transportation  of  Emigrants. 

Article  I. 

No  person  may  engage  in  the  work  of  enlisting  or 
transporting  emigrants  without  the  authorization  of  the 
Minister  of  Foreign  Aflfairs, 

Article  II. 

Authorization  is  granted  only  upon  condition  that 
preliminary  security  is  furnished,  which  shall  serve  as 
a  guarantee  for  the  execution  of  the  obligations  resulting 
from  the  contract  of  transportation,  and  for  the  pay- 
ment, with  commission,  of  the  insurance  premium. 

Article  III. 

Emigration  agencies  are  required  to  guarantee,  in 
the  interest  of  the  emigrants,  the  price  of  transportation 
and  provisions,  all  eventual  losses  and  damages  resulting 
from  total  or  partial  failure  to  execute  the  contract  of 
transportation  ;  or  to  deposit  with  the  office  of  deposits 
and  consignments,  a  sum  equivalent  to  the  amount  of 
the  guarantee. 


BELGIUM 


159 


Article  IV. 

A  regulation  of  public  administration  determines — 
The  conditions  of  the  preliminary  authorization  ; 
The  cases   of  withdrawal   of    the  authorization 
granted  ; 

The  amount  and  the  form  of  the  security  to  be 
furnished ; 

The  method  of  inspection  and  of  expert  examination 
of  all  that  concerns  emigration  ; 

The  equipment  and  provisioning  of  the  ships  ; 

The  space  reserved  for  the  passengers,  their  reception 
on  board,  and  their  departure  ; 

The  obligations  of  duly  authorized  agencies,  as  well 
as  those  of  the  captain  during  the  course  of  the  voyage ; 

The  model  of  the  coupon-contract  to  be  remitted, 
the  blanks  duly  filled  in,  by  the  contractor  to  the 
emigrant ; 

The  conditions  of  the  guarantee  of  insurance  or  the 
amount  of  the  deposit  which  replaces  it ; 

The  manner  of  inspection  of  the  ships  before 
departure,  which  shall  take  place,  on  Belgian  ships,  as 
prescribed  in  the  Code  of  Commerce  ; 

The  manner  of  delivery  of  the  certificate  stating  the 
fulfilment  of  the  prescriptions  laid  down  by  the  laws 
and  regulations  ; 

And,  generally,  all  that  concerns  the  policy  of 
emigration. 

Article  V. 

Any  emigrant  prevented  from  departing  by  reason 
of  serious  or  contagious  illness,  properly  certified,  is 
entitled  to  restitution  of  the  price  paid  for  his  passage. 


160    THE  PROBLEM  OF  THE  IMMIGRANT 


The  price  of  passage  is  also  returned  to  the  members 
of  his  family  in  direct  line  indefinitely,  and  in  collateral 
line  to  the  third  degree  inclusively,  who  remain  with 
him. 

Article  VI. 

If  the  vessel  does  not  leave  the  port  on  the  day 
fixed  in  the  contract,  the  agency  responsible  is  required 
to  pay  to  each  emigrant,  for  each  day  of  delay,  for  his 
expenses  on  land,  an  indemnity  the  rate  of  which  is 
fixed  by  the  regulation  of  public  administration. 

If  the  delay  exceeds  ten  days,  and  if,  in  the  interval, 
the  agency  has  not  provided  for  the  departure  of  the 
emigrant  on  another  ship  and  under  the  conditions  fixed 
by  the  contract,  the  emigrant  has  the  right  to  renounce 
the  contract  by  a  simple  declaration  made  before  the 
maritime  commissioner,  and  to  obtain  restitution  of 
the  price  paid  for  the  passage,  without  prejudice  to  the 
damages  and  interests  which  may  be  allowed  him. 

If,  at  any  time,  delay  is  produced  by  causes  beyond 
the  control  of  the  shippers,  verified  as  such  by  the 
maritime  commissioner,  the  emigrant  cannot  claim  in- 
demnity for  the  enforced  sojourn  on  land,  restitution 
of  the  passage  money,  or  damages  and  interests,  pro- 
vided that  he  is  lodged  and  fed  at  the  expense  of  the 
agency. 

Any  stipulation  contrary  to  the  provisions  of  the 
preceding  article  and  of  the  present  article  is  null 
and  void. 


BELGIUM 


161 


Article  VII. 

The  forwarder  is  responsible  for  tlie  transportation 
of  the  emigrant  to  the  place  of  destination  fixed  in  the 
contract. 

Transportation  must  be  direct,  unless  stipulated  to 
the  contrary. 

In  case  the  vessel  is  forced  to  put  into  a  port  other 
than  her  destination,  or  does  so  voluntarily,  the  emi- 
grants, notwithstanding  any  agreement  to  the  contrary, 
are  lodged  and  fed  on  board,  at  the  expense  of  the  ship 
during  the  full  duration  of  the  delay,  or  are  indemnified 
for  their  expenses  on  land. 

In  case  of  shipwreck  or  any  other  accident  at  sea, 
which  may  prevent  the  ship  from  continuing  on  its 
route,  the  forwarding  agency,  notwithstanding  all  agree- 
ment to  the  contrary,  is  required  to  effect,  without 
delay  and  without  expense  to  the  emigrant,  the  trans- 
portation of  the  latter  to  the  place  of  destination  fixed 
in  the  contract. 

Article  VJIL 

The  agency  is  required  to  deliver  to  each  emigrant 
whose  transportation  it  und(?rtakes,  a  coupon-contract, 
the  form  of  which  is  determined  by  the  regulation  of 
public  administration. 

Article  IX. 

In  cases  where  the  emigration  agencies  may  have 
failed  to  fulfil  the  obligations  whicli  they  have  con- 
tracted towards  the  emigrants,  the  Minister  for  Foreign 
Affairs,  or  the  authority  delegated  by  him,  shall  proceed 

M 

* 


162    THE  PROBLEM  OF  THE  IMMIGRANT 

to  the  settlement  and  liquidation  of  the  indemnities, 
barring  recourse,  in  event  of  contention,  to  the  tribunals. 

Article  X. 

Any  infraction  of  the  provisions  of  Articles  I.  and 
III.  of  this  law  is  punishable  by  a  fine  of  500  to  5000 
francs. 

Any  infraction  of  the  provisions  of  the  regulation  of 
public  administration  passed  in  execution  of  this  law  is 
punishable  by  a  fine  of  26  to  500  francs. 

In  case  of  a  second  ofi'ence,  the  fine  may  be  made 
double  the  maximum. 

If  extenuating  circumstances  exist,  the  fine  may  be 
reduced  to  less  than  26  francs,  but  it  should  not  be 
made  less  than  a  police  penalty. 

Article  XI. 

Infractions  are  adjudicated  : — 

In  Belgium,  by  the  Maritime  Commissioners  and  by 
all  officers  of  the  police  judiciary  ; 

On  board  Belgian  ships  in  foreign  ports,  by  the 
Belgian  consuls,  assisted  by  such  professional  men  as 
they  may  deem  necessary. 

Verbal  processes  are  regarded  as  bond  fide  until 
proved  to  the  contrary. 

{Translated  from  the  French.) 
REGULATION  OF  APRIL  29,  1890, 
In  Execution  of  the  Law  of  December  14,  1876. 

Article  I. 

There  is  instituted  at  Antwerp,  to  regulate  the 
transportation  of  emigrants — 


BELGIUM 


163 


(1)  A  commission  of  inspection  ; 

(2)  A  commission  of  experts  ; 

(3)  A  commissariat  of  the  Government ; 

(4)  A  medical  service. 

Article  II. 

The  commission  of  inspection  of  emigrants  is  com- 
posed of  nine  members,  namely  : 

The  governor  of  the  province,  who  shall  be  the 
president ; 

A  high  official  from  the  Ministry  of  Foreign  Affairs, 
who  shall  preside  in  case  of  the  absence  of  the  governor  ; 

A  member  of  the  communal  council ; 

Two  practical  business  men,  of  whom  one  is  a  ship- 
owner or  an  ex-shipowner  ; 

The  chief  inspector  of  State  railways,  stationed  at 
Antwerp ; 

Two  responsible  citizens  chosen  by  the  Government ; 
An  official  of  the  provincial  administration,  acting  as 
secretary. 

Substitutes  are  named,  to  replace,  in  case  of  illness 
or  absence,  the  higher  official  from  the  Ministry  of 
Foreign  Affairs,  the  member  of  the  communal  council, 
the  two  business  members,  and  the  member  acting  as 
secretary. 

The  members  of  this  commission  are  nominated  by 
the  Minister  of  Foreign  Affairs,  subject  to  the  approval 
of  the  King. 

Article  III. 
The  commission  of  inspection 

(1)  Inspects  and  controls,  in   all   thai  concerns 


164    THE  PROBLEM  OF  THE  IMMIGRANT 

emigration,  the  operations  of  the  commission  of  experts 
and  of  the  maritime  commission  ; 

(2)  Smooths  the  clilliculties  and  settles  the  con- 
tentions arising  from  the  transportation  of  emigrants. 

Article  IV. 

The  commission  of  experts  is  composed  of  seven 
members,  namely : 

The  official  charged  with  the  supervision  of  steam 
engines  and  boilers ; 

The  doctor  of  medicine,  surgery,  and  obstetrics 
charged  with  the  emigration  medical  service,  or  his 
assistant ; 

A  subordinate  maritime  commissioner  ; 
Two  captains  of  the  high  seas ; 
An  expert  shipbuilder ; 
An  engineer. 

Substitute  members  are  also  nominated. 

The  members  of  the  commission  of  experts  and  their 
substitutes  are,  with  the  exception  of  the  official  charged 
with  the  supervision  of  engines,  and  of  the  physician, 
selected  annually  by  the  Minister  of  Foreign  Affairs 
from  a  list  of  two  candidates  for  each  place  submitted 
by  the  commission  of  inspection. 

Article  V. 

The  experts  must  visit  the  ship  before  its  equipment, 
as  well  as  at  the  time  and  in  the  manner  prescribed  in 
Article  XXV. 

The  duties  of  the  commission  of  experts  are 
divided  among  the  members  according  to  their  special 
qualifications. 


BELGIUM 


165 


These  duties  consist — 

(1)  In  ascertaining  that  the  proper  quality  and 
quantity  of  provisions  have  been  taken  on  board  ship 
and  stored  in  a  suitable  place,  designated  in  advance 
by  the  captain  and  agreed  to  by  the  commission. 

Examination  for  this  purpose  is  obligatory.  The 
captain  or  his  first  officer  must  assist  and  give  a  list  of 
the  provisions  taken  on  board. 

If  the  provisions  are  found  defective,  the  commission 
shall  demand  their  replacement. 

The  full  list  of  provisions  for  emigrants  on  steamers 
calling  at  Antwerp,  as  well  as  on  boats  sailing  from  that 
port,  is  given  to  the  commission  of  experts,  which  shall 
use  all  means  deemed  proper  to  ascertain  that  the 
requirements  of  this  list  are  fully  met. 

(2)  In  visiting  the  berths  and  determining  whether 
they  have  been  constructed  according  to  this  regulation. 

The  commission  requires  the  transportation  agents 
to  remit  in  duplicate  a  certified  list  of  these  berths,  and 
information  as  to  the  age,  sex,  number,  etc.,  of  the 
persons  who  shall  occupy  them. 

A  copy  of  this  list  is  sent  to  the  captain  of  the 
vessel,  and  to  the  maritime  commission. 

The  responsibility  of  the  commission  of  experts  as  a 
whole  ceases  the  moment  the  ship  leaves  the  dock  or 
quits  the  quay,  except  in  the  unusual  case  of  her  being 
stationed  in  the  roadstead. 

Artlch'.  VI. 

The  chief  of  the  maritime  commission 

(l)  Receives  notice  of  the  commissioning  of  all  ships 
oHered  for  the  transportation  of  emigrants,  and  im- 
mediately informs  the  commissioner  of  the  Oovernmeiit 
of  the  same ; 


1G6    THE  PROBLEM  OF  THE  IMMIGRANT 


(2)  Sends  out  all  calls  for  meetings,  notices,  or  orders 
to  the  members  of  the  commission  of  experts,  which  in 
turn  notifies  the  members  of  the  commission  of  in- 
spection and  the  Government's  commissioner.  He  also 
transmits  without  delay  copies  of  the  reports  of  the 
commission  of  experts ; 

(3)  Receives  the  written  declaration  of  the  captain, 
stating  the  day  and  hour  when  the  commission  of 
experts  may  visit  the  ship,  and  giving  the  names  of 
the  freighter  and  ship-broker,  the  destination  of  the 
vessel,  and  the  date  of  intended  departure ; 

(4)  Receives  the  declarations  of  the  emigration 
agents,  the  lists  of  emigrants,  the  papers  and  docu- 
ments necessary  to  establish  the  identity  of  the 
passengers ; 

(5)  Receives  the  oral  or  written  reports  of  the  com- 
mission of  experts  concerning  its  visit  and  inspection 
of  the  vessel  and  loading  of  the  provisions  ; 

(G)  Gives  the  permit  to  depart. 

This  permit  can  only  be  delivered  upon  sight  of 
a  certificate  from  the  commission  of  experts,  sta ting- 
that  all  the  requisite  formalities  have  been  faithfully 
observed. 

The  maritime  commissioner  supervises  the  fulfilment 
of  the  prescriptions  of  this  regulation.  In  case  of 
disagreement  between  the  commission,  the  captain,  and 
the  emigration  agents,  he  endeavours  to  settle  the  con- 
tention, and,  in  case  of  failure,  informs  the  commission 
of  inspection. 

For  each  shipment  of  emigrants  he  prepares  a  state- 
ment based  on  the  reports  of  the  experts  and  the 
physician,  which  statement  is  signed  l)y  all  the  members 
of  the  commission  of  experts. 

He  fiiniislies  the  commissioner  of  the  GovcrnmcDt, 


BELGIUM 


167 


uj)on  the  latter's  request,  all  information  concerning 
tlie  service  of  transports  for  emigrants,  or  any  other 
data  relating  to  emigration. 

Article  VII. 

The  Government's  commissioner  for  emigration  is 
appointed  by  the  King,  upon  the  recommendation  of 
the  Minister  of  Foreign  Affairs,  and  is  suliject  to  orders 
from  the  governor  of  the  province. 

Article  VIII. 

The  Government's  commissioner  must  supervise  the 
execution  of  the  measures  prescribed  by  this  regulation. 

He  is  charged  to  seek  means  to  ameliorate  the 
condition  of  the  emigrants,  taking  into  account  the 
exigencies  of  commerce  and  of  emigration. 

He  may  be  present  at  the  reception  of  emigrants  in 
all  railway  stations  of  the  country  and  on  board  ship, 
in  order  to  supervise  the  operations  of  emigration 
agents  and  their  representatives,  and  ascertain  whether 
or  not  they  are  faithfully  executing  the  pledges  in  their 
contracts. 

He  assists  as  often  as  possible  at  the  examinations 
and  inspections  of  the  ships,  at  the  embarkation  of  the 
emigrants  and  their  baggage,  and  at  the  loading  of 
provisions. 

He  must  aid  and  protect  the  emigrants,  and,  when 
necessary,  instruct  them  as  to  their  rights  under  the 
emigration  contract  as  well  as  the  rights  guaranteed 
them  by  the  Belgian  law.  Emigration  agents  must, 
upon  his  request,  submit  all  contracts  and  all  documents 
relating  thereto  for  liis  inspection. 


168    TPIE  PROBLEM  OF  THE  IMMIGRANT 


Finally,  he  may  be  sent  by  the  Minister  of  Foreign 
Affairs  to  foreign  lands  on  any  mission  the  Government 
may  judge  proper  in  the  interest  of  the  transportation 
of  emigrants. 

Article  IX. 

An  assistant  commissioner  of  emigration  is  appointed 
by  the  Minister  of  Foreign  Afi'airs,  subject  to  approval 
of  the  King. 

This  official  is  invested  with  the  same  powers  as  the 
Government's  commissioner,  who  shares  with  him  the 
duties  of  his  office  under  supervision  of  the  governor  of 
the  province. 

The  Government  reserves  the  right  to  send  with  any 
shipment  of  emigrants  a  special  representative,  who 
shall  receive  free  first-class  passage  from  tlie  trans- 
portation company  carrying  said  emigrants. 

Article  X. 

The  personnel  of  the  medical  service  for  the  emigrants 
comprises  a  principal  and  an  assistant  physician,  ap- 
pointed by  the  King  upon  the  recommendation  of  the 
Minister  of  Foreign  AfHiirs. 

Article  XI. 

The  physician  or  his  assistant  prescribes  the  medi- 
cines, instruments,  and  disinfectants  necessary  for  the 
voyage,  and  ascertains  whether  or  not  they  have  been 
provided  as  prescribed. 

lie  requires  that  the  medicine  chest  contain  in- 
structions regarding  the  use  of  each  drug. 

If  there  is  a  pharmacy  on  board,  he  inspects  it. 


BELGIUM 


169 


In  the  presence  of  the  ship's  doctor,  he  makes  care- 
ful inspection  of  the  steerage  passengers.  This  inspection 
should  be  surrounded  with  every  precaution,  and  made 
with  all  due  regard  for  the  personal  dignity  of  the 
emigrant. 

The  Government  reserves  the  right  to  require  that 
this  inspection  should  be  made  for  the  regular  lines, 
and  as  often  as  possible  for  the  irregular  lines,  in  a 
local  enclosure,  suitably  lighted  and  heated  in  winter. 

The  physician  forbids  the  embarkation  of  any 
emigrant  seriously  ill,  or  showing  symptoms  of  a  con- 
tagious disease. 

Finally,  he  examines  the  certificates  of  the  person 
or  persons  engaged  as  doctors  for  the  emigrants  during 
the  voyage. 

Article  XII. 

Any  emigrant  who  finds  himself  in  the  position 
described  in  Article  V.  of  the  law  crovernino;  the  trans- 
portation  of  emigrants,  and  Article  XI.  of  this  regula- 
tion, retains,  after  recovery,  for  himself,  his  consort,  and 
the  members  of  his  family  in  direct  line  and  in  collateral 
line  to  the  third  degree,  as  well  as  for  the  children  and 
young  girls  confided  to  his  care  and  inscribed  in  the 
same  contract,  the  right  to  be  forwarded  to  his  destina- 
tion, at  the  price  and  under  the  conditions  of  the 
contract. 

Expenses  during  the  interval  arc  charged  to  the 
emigrant. 

Article  XIII. 

Authorization  to  undertake  the  transportation  of 
cmigniiits  is  granted  by  the  Minister  of  Foreign  Affairs, 
wild  decides  upon  the  granting  of  such  autliorization 


170    THE  PROBLEM  OF  THE  IMMIGRANT 


after  having  received  the  report  of  the  commission  of 
inspection.  The  authorization  can  be  withdrawn  tem- 
porarily or  permanently  in  case  of  grave  abuse,  and 
upon  the  advice  of  said  commission. 

Article  XIV. 

Any  person  or  persons  wishing  to  engage  in  the 
transportation  of  emigrants  must  furnish  security  to 
the  amount  of  20,000  francs. 

This  security  shall  be  deposited  in  Belgian  public 
bonds  or  in  cash. 

Cash  security  carries  interest  at  2J  per  cent. 

Restitution  of  the  security  takes  place  only  at  the 
end  of  six  months  after  receipt  of  the  declaration  of  the 
agent  or  agency  renouncing  the  authorization,  or  after 
the  withdrawal  of  the  authorization  or  the  decease  of 
the  party  authorized. 

Article  XV. 

The  provisions  contained  in  the  two  preceding 
articles  apply  also  to  parties  opening  emigration  agencies 
for  a  foreign  firm  or  a  foreign  port  of  debarkation. 

Article  XVL 

Any  person  who  guides  or  solicits  in  any  manner 
whatsoever  emigrants  durins:  their  transit  across  the 
country  or  during  their  sojourn  at  the  port  of  embarka- 
tion, must  be  invested  with  the  regular  powers  of 
an  authorized  agency  and  be  admitted  by  the  local 
authority. 

The  agency,  tlirough  the  instructions  given  its 
representative,  becomes  responsible  for  his  acts.  The 


BELGIUM 


171 


powers  conferred  upon  him  are  valid  for  one  year  only, 
and  must  be  vised  by  the  commissioner  of  the  Govern- 
ment within  fifteen  days  from  the  date  of  his  appoint- 
ment. 

Article  XVIL 

Any  captain  who  proposes  to  transport  emigrants 
must  make  declaration  to  that  effect  to  the  maritime 
commissioner  at  the  port  of  Antwerp,  and  to  the  Govern- 
ment's commissioner  of  emigration. 

After  consulting  the  governor  of  the  province,  the 
commissioner  of  emio;ration  determines  whether  or  not 
the  ship  should  be  subjected  to  the  formalities  imposed 
by  this  regulation,  which  must  always  be  enforced 
when  the  number  of  emigrants  amounts  to  twenty-five. 

When  a  ship  carries  less  than  twenty-five  emigrants, 
the  emigrants  may  call  upon  the  Government's  com- 
missioner to  determine  the  quality  and  quantity  of  the 
provisions,  and  to  ensure  the  execution  of  the  conditions 
of  the  contract  of  transportation. 

Article  XVIII. 

The  indemnity  provided  for  by  Article  VI.  of  the 
law  for  the  lodging  and  food  of  the  emigrant,  in  default 
of  the  departure  of  the  vessel  on  the  day  set,  is  fixed 
at  two  francs  a  day  for  an  adult,  and  one  franc  a  day 
for  a  child  between  the  ages  of  one  and  twelve  years. 

In  case  of  delay  from  causes  beyond  the  control  of 
the  shipper,  as  provided  in  sec.  3  of  the  same  article, 
the  emigration  agent  is  required  to  lodge  and  maintain, 
in  establishment  placed  directly  under  the  special  super- 
vision of  the  communal  autlioritios,  every  passenger 
toward  whom  he  has  contracted  (obligations. 


172    THE  PROBLEM  OF  THE  IMMIGRANT 


Article  XXI. 

The  emigration  agent  is  required  to  forward  the 
emigrants  with  their  effects  to  the  place  of  destination, 
and  to  provide  them  that  far  with  food  and  lodging. 
This  obligation  holds  even  though  the  ship  is  prevented 
from  sailino-  on  the  date  set  or  from  continuincr  its 
voyage,  for  any  reason  whatsoever,  cases  of  war  and 
blockade  excepted. 

Article  XX. 

In  the  interest  of  the  emigrants,  the  emigration 
agent  insures  a  sum  equivalent  to  the  price  of  the 
transportation  of  the  passengers  and  the  provisions  for 
the  voyage.  This  sum  shall  be  increased  to  cover  all 
eventual  losses  and  damages  resulting  from  total  or 
partial  failure  to  carry  out  the  pledges  of  the  contract 
of  transportation,  at  the  rate  of  50  per  cent,  on  the 
price  of  the  passage  per  adult  passenger  for  trans- 
Atlantic  voyages. 

The  receipt  of  the  insurance  broker  must  be  deposited 
with  the  maritime  commissariat  liefore  the  departure  of 
vessel. 

A  copy  of  the  insurance  policy  is  sent  to  the  com- 
mission of  inspection  by  the  maritime  commissioner. 

Article  XXL 

In  case  of  failure  on  the  part  of  the  emigration 
agent  to  take  out  this  insurance  in  time,  he  may  pay 
into  the  bureau  of  deposits  and  consignments  the  sum 
fixed  by  the  preceding  article,  and  thus  absolve  himself 
before  the  maritime  commissioner  ])eforc  the  departure 


BELGIUM 


173 


of  the  vessel.  Restitution  of  the  sum  deposited  is 
made  only  upon  production,  before  the  commission  of 
inspection,  of  an  insurance  policy  or  of  a  certified  notice 
proving  that  the  ship  has  arrived  at  its  destination. 
The  provisions  relative  to  the  security  of  the  agent  are 
applicable  to  said  deposit. 

Article  XXIL 

If,  during  the  course  of  the  voyage,  the  sum  in- 
sured or  deposited  is  encroached  upon,  the  emigration 
agent  is  held  to  insure  or  to  deposit  without  delay  the 
equivalent  of  the  deficit,  and  submit  proof  of  his  action 
to  the  commission  of  inspection. 

Article  XXIII. 

The  emigration  agent  must  deliver  to  each  emigrant 
a  contract-coupon,  duly  signed,  indicating  : 

The  name.  Christian  name,  age,  profession,  nation- 
ality, and  last  domicile  of  the  emigrant ; 

The  place  of  destination  ; 

If  transportation  is  to  be  effected  with  change  in 
the  method  of  travel,  the  name  and  domicile  of  the 
contractors  or  agents  charged  with  procuring  for  the 
emigrant  transportation  for  the  final  stages  of  his 
journey ; 

The  amount  of  money  paid  for  passage  by  the 
emigrant,  wherein  is  included  the  expense  of  maintenance 
on  board ; 

The  sums  paid  in  addition  to  passage  money ; 
The  name  of  the  ship  and  the  place  where  it  is 
anchored  ; 

The  name  of  the  captain  ; 


174    THE  PROBLEM  OF  THE  IMMIGRANT 


The  date  of  departure  and  tlie  hour  when  the 
emigrant  must  embark ; 

The  space  which  the  emigrant  is  allowed  for 
baggage ; 

Tables  of  food  supplied  each  day  and  for  the  week  ; 

The  price  of  bedding  and  of  utensils,  if  these  are 
furnished  by  the  agent ; 

And,  in  general,  all  other  particulars  endorsed  in 
the  model  prescribed  by  this  regulation. 

This  contract-coupon  shall  be  in  G-erman,  English, 
French,  Italian,  or  Dutch,  at  the  choice  of  the  emigrant. 

The  contract-coupons  shall  be  extracted  from  a  stub- 
book,  and  shall  be  num]jered  in  order.  The  stubs  shall 
reproduce  exactly  the  numbers,  names,  and  sums  written 
on  the  coupons  delivered  to  the  emigrants. 

The  emigration  agent  must,  whenever  so  requested, 
submit  to  the  Government's  commissioner  of  emigration, 
to  the  maritime  commissioner,  and  to  any  member  of 
the  commission  of  inspection,  his  stub-book,  as  well  as 
any  provisionary  contract  in  virtue  of  which,  or  as 
complement  to  which,  he  shall  have  delivered  u  contract- 
coupon. 

Article  XXIV, 

All  stipulations  inserted  in  the  contract,  which  may 
be  contrary  to  the  aforesaid  law  or  to  this  regulation, 
are  null  and  void. 

Article  XXV. 

The  maritime  commissioner  calls  in  the  experts 
of  the  commission,  who  are  charged  to  examine  the 
navigability  of  the  ship,  the  state  of  its  inventory,  and 


BELGIUM 


175 


the  condition  of  its  machines  and  engines.  They  decide 
whether  it  is  suitable  for  the  transportation  of  emigrants, 
examine  its  equipment,  and  ascertain  whether  it  is 
provided  with  emergency  stores,  small  boats,  and  rafts, 
anchors,  chains,  cables,  small  cables  and  hawsers 
necessary ;  they  order  all  repairs  which  they  judge 
desirable,  require  the  replacement  of  objects  judged 
defective,  and  the  completion  of  unfinished  work.  They 
measure  the  surface  area  of  the  steerage,  and  determine 
the  number  of  passengers  that  may  be  embarked,  allow- 
ing the  maximum  cubic  space  required  by  the  regulations 
in  force  in  the  country  of  destination  as  well  as  in 
Belgium. 

Articles  XXVI.  to  XL  VII.  inclusive, 

prescribe  in  minute  detail  the  requirements  of  a 
ship  to  be  used  in  emigrant  traffic.  The  food,  water, 
and  accommodations  to  be  furnished  passengers  arc 
stated,  also  the  care  which  is  to  be  taken  of  the 
emigrants,  their  luggage,  and  their  accommodations 
during  the  voyage.  A  ship  is  not  allowed  to  clear  a 
Belgian  port  until  the  laws,  rules,  and  regulations  arc 
fully  complied  with. 

Article  XL  VII L 

All  functionaries,  employees,  or  agents  of  the  State, 
province,  or  commune  are  forbidden  to  take  direct  or 
indirect  interest  in  the  operations  of  transportation  and 
provisioning  of  emigrants  ;  the  same  prohibition  extends 
to  the  memljcrs  of  the  commission  of  experts,  and  to 
those  of  the  commission  of  inspection. 


176    THE  PROBLEM  OF  THE  IMMIGRANT 


Article  XLIX. 

A  copy  of  this  regulation  shall  be  transmitted  by 
the  Minister  of  Foreign  Affairs  to  the  diplomatic  and 
consular  representatives  of  Belgium  in  the  countries  of 
origin  of  the  emigrants  and  in  those  of  destination. 

This  regulation  shall  be  posted  in  the  chancellory  in 
Flemish,  French,  and  any  other  language  designated  by 
the  Government,  according  to  necessity. 

Article  L. 

All  the  conditions  set  forth  in  the  official  model  of 
the  emigration  contract  are  obligatory. 

Article  LI. 

All  previous  provisions  relative  to  the  transportation 
of  emigrants  arc  hereby  abrogated. 

Article  LI  I. 

The  Minister  of  Foreign  Affairs  is  entrusted  with 
the  enforcement  of  this  regulation. 


CHAPTER  XI 


SWITZERLAND 

The  population  of  Switzerland  is  3,325,023  ;  in  1880  it 
was  2,831,787.  These  figures  show  a  most  satisfactory- 
growth  in  the  population  of  a  country  where  conditions 
do  not  change  rapidly  and  opportunities  for  expansion 
are  limited.  The  movement  of  population  is  satis- 
factorily normal,  the  percentage  of  births  increasing 
annually  and  the  percentage  of  deaths  decreasing.  In 
the  year  1902  there  were  38,777  more  births  than 
deaths.  One-third  of  the  total  population  is  engaged  in 
agriculture. 

There  is  no  perceptible  immigration  into  Switzerland, 
and  there  is  no  immigration  law  other  than  the  require- 
ment that  foreigners  shall  produce  a  passport  before 
they  can  secure  the  necessary  permission  to  take  up 
residence  in  a  canton.  Emigration  may  be  said  to  bo 
at  a  minimum,  the  total  number  leaving  the  country  in 
1903  being  5817.  Most  of  these  departures  were  from 
the  more  densely  settled  districts  or  cities.  Emigration 
was  distributed  as  follows  :  4238  to  North  America, 
324  to  South  America,  '  77  to  Australia,  20  to  Asia, 
and  48  to  Africa. 

Switzerland  occupies  an  important  position  in  rela- 
tion to  emigration  from  Europe,  not  because  of  ;iny 

N 


178    THE  PROBLEM  OF  THE  IMMIGRANT 


movement  of  Swiss  population,  but  by  reason  of  the 
large  business  transacted  by  Swiss  emigration  agencies 
in  selling  tickets  to  Italian  and  other  foreign  emigrants. 
The  Italian  law  is  more  restrictive  upon  emigration  in 
the  matter  of  prices  to  be  paid  as  passage  money, 
hence  the  Swiss  agencies  are  able  to  successfully  com- 
pete with  the  Italian  agencies  in  selling  tickets,  more 
especially  to  the  United  States. 

The  Swiss  emigration  law  is  evidently  constructed 
to  meet  these  conditions,  and  provide  for  strict 
Government  supervision  over  emigration  agencies. 
The  two  clauses  in  the  law  of  greatest  importance  to 
England  and  the  United  States  are  those  forbidding 
agents  to  forward  persons  whom  the  laws  of  the  country 
of  destination  prohibit  from  being  accepted  as  immi- 
grants ;  and  forbidding  agents  to  forward  persons  who 
are  not  provided  with  papers  establishing  their  origin 
and  their  nationality.  Every  Swiss  citizen  possesses 
a  certificate  of  origin  called  a  "  Heimatschein."  This 
certificate  bears  the  owner's  age  and  name,  the  name  of 
his  or  her  parents,  and  the  name  of  his  or  her  commune 
of  orio;in.  When  the  owner  leaves  Switzerland  the 
certificate  is  legalized  by  the  cantonal  chancellor. 
The  police  regulations  of  Switzerland  provide  for  an 
official  record  of  each  citizen  from  time  of  birth,  but  the 
information  is  not  given  to  private  citizens.  Sliould 
the  United  States  and  England,  or  cither  one  of  those 
countries,  require  a  certificate  of  character  of  each 
immigrant,  the  Swiss  Emigration  Office  would  instruct 
emigration  agents  to  ask  each  emigrant  to  furnish  a 
certificate  of  good  conduct,  which  certificates  are  issued 
by  communal  authorities  in  rural  districts,  and  in  towns 
by  the  police,  but  only  to  citizens  of  good  moral 
character. 


SWITZERLAND 


179 


Owing  to  tlie  very  large  number  of  foreign  emi- 
grants purchasing  tickets  in  Switzerland  and  passing 
throucrh  Switzerland  en  route  to  other  foreign  countries, 
the  excellent  laws  and  regulations  governing  Swiss 
emigration  agencies  possess  much  greater  interest  and 
value  than  they  would  otherwise.  They  are,  therefore, 
given  in  full  as  follows  : — 

[Translated  from  the  French.) 
THE  LAW  OF  MARCH  22,  1888, 

COXCERNING  THE  OPERATIONS  OF  EMIGRATION  AGENCIES. 

Article  I. 

Supervision  over  the  operations  of  emigration 
agencies,  provided  for  in  Article  XXIV.  par.  2  of  the 
Federal  Constitution,  shall  be  exercised  by  the  Federal 
Council  with  the  co-operation  of  the  cantonal  autho- 
rities. 

It  is  incuml)ent  upon  the  latter  in  particular  : 

(1)  To  make  preliminary  examination  as  to  whether 
the  conditions  of  Article  III.  of  the  law  rcsulatinof  the 
granting  of  patents  and  the  confirmation  of  sub-agents 
have  been  fulfilled  by  the  agents  or  sub-agents  ; 

(2)  To  pronounce  the  penalties  in  the  cases  reserved 
to  their  department  by  Articles  XVIII.  and  XIX.  of  the 
present  law. 

Article  II. 

Any  person  or  persons  desiring  to  engage  in  the 
business  of  forwarding  emigrants,  or  of  selling  passage 
tickets,  must  secure  from  the  Federal  Council  a  patent 
to  that  effect. 


180    THE  PROBLEM  OF  THE  IMMIGRANT 


If  the  emigration  agency  is  in  the  form  of  a  society, 
the  by-laws,  or  an  authenticated  copy  thereof,  must  be 
deposited  in  the  hands  of  the  Federal  Council,  to  which 
all  modifications  of  said  by-laws  must  also  be  communi- 
cated. The  name  of  the  official  representative  of  the 
society  must  also  be  given. 

The  Federal  Council  notifies  the  cantonal  govern- 
ments of  the  patents  which  it  issues,  and  also  of  the 
copies  of  by-laws  which  it  receives. 

Article  III. 

The  patent  issued  by  the  Federal  Council  will  not 
be  delivered  until  the  representatives  of  the  emigration 
agencies  have  proved : 

(1)  That  they  possess  good  reputation,  and  are  in 
full  possession  of  the  civil  and  political  rights  ; 

(2)  That  they  understand  the  business  of  emigra- 
tion, and  are  in  a  position  to  forward  emigrants  in 
safety ; 

(3)  That  they  have  a  regular  domicile  in  Switzer- 
land. 

The  fee  demanded  for  a  patent  is  an  annual  pay- 
ment of  50  francs. 

The  Federal  Council  has  the  right  to  cancel  a  patent 
when  the  holder  no  longer  fulfils  the  conditions 
prescribed  in  this  article,  or  is  guilty  of  a  grave 
infraction,  or  of  repeated  infringements  upon  the 
provisions  of  the  present  law,  or  takes  part  in  an  enter- 
prise for  colonization  against  which  the  Federal  Council 
has  warned  the  public. 

The  agent  desiring  to  relinquish  a  patent  must 
make  declaration  to  that  effect  to  the  Federal  Council, 
and  return  the  original  patent. 


SWITZEKLAND 


181 


Emigration  agents  and  their  sub-agents  must  not  be 
in  the  service  of  a  maritime  company,  nor  of  a  raik-oad 
in  trans- Atlantic  countries,  nor  in  dependent  relations 
with  such  companies. 

Article  IV. 

Every  emigration  agency  must,  in  exchange  for  its 
patent,  deposit  in  the  hands  of  the  Confederation 
security  amounting  to  40,000  francs.  At  the  time  of 
the  designation  of  each  sub-agent,  the  agency  must 
furnish  additional  security  amounting  to  3000  francs. 

Persons  engaged  in  the  business  of  selling  tickets 
must  deposit  security  to  the  amount  of  20,000  francs. 

The  security  must  consist  of  federal  or  cantonal 
bonds,  or  others  equally  good. 

Should  the  value  of  the  security  suddenly  decrease, 
for  any  reason  whatsoever,  the  depositor  is  required  to 
immediately  make  good  the  difference  ;  in  default  of 
which  the  Federal  Council  has  the  right  to  withdraw 
the  agency's  patent. 

The  security  shall  be  returned  to  the  depositor  only 
at  the  end  of  one  year  from  the  date  of  the  annulment 
of  the  patent.  If,  within  this  period,  claims  are  proven 
against  the  agent,  deduction  shall  be  made  from  the 
security  in  the  amount  allowed  by  the  courts  to  the 
claimants. 

A  readjustment  of  the  security  furnished  for  sub- 
agents  will  take  place  each  year,  the  amount  required 
Ijcing  based  on  the  numljcr  of  sub-agents  employed. 

Security  so  deposited  is  intended  as  a  guarantee 
that  the  agents  and  their  sub-agents  will  observe  the 
requirements  of  this  law. 


182    THE  PROBLEM  OF  THE  IMMIGRANT 


Article  V. 

It  is  lawful  for  agents  to  be  represented  by  sub- 
agents. 

The  latter  must  comply  with  the  conditions  pre- 
scribed for  agents  in  Article  III.  pars.  1,  2,  and  3. 
The  nomination  of  sub-agents  is  subject  to  confirmation 
by  the  Federal  Council ;  it  must  also  be  brought  to  the 
knowledge  of  competent  authority  in  the  canton  where 
each  one  maintains  his  domicile. 

For  the  confirmation  of  each  of  its  sub-agents,  and 
for  all  modifications  in  by-laws,  the  agents  must  pay  a 
tax,  the  amount  of  which  is  fixed  by  the  Federal 
Council. 

The  Federal  Council  has  the  right  to  withdraw  its 
sanction  from  a  sub-agent  against  whom  irregularities 
are  proven,  and  his  immediate  recall  is  required. 

The  transaction  of  business  with  emigrants  can  only 
be  carried  on  through  agents  and  sub-agents. 

Article  VI. 

The  agents  or  sub-agents  must  not  be  either 
functionaries  or  employees  of  the  Confederation. 

Article  VII. 

Agents  are  personally  responsible  to  the  authorities 
and  to  the  emigrants  for  their  own  acts  and  those  of 
their  sub-agents,  as  well  as  those  of  their  foreign 
representatives. 

Article  VJJI. 

The  names  of  the  agents  patented  and  of  the  repre- 
sentatives of  the  societies  recognized,  together  with 


9 


SWITZERLAJND 


183 


those  of  tteir  sub-agents,  are  publislied  in  the  Feuille 
Federate  immediately  after  they  have  been  inscribed  in 
the  official  register  and  in  the  annual  tables. 

No  one  other  than  the  persons  whose  names  are 
thus  published  is  authorized  to  issue  in  Switzerland 
publications  of  any  kind  relating  to  the  forwarding 
of  emigrants. 

Article  IX. 

Agents  and  sub-agents  must  keep  an  account-book, 
bound  and  paged,  for  the  emigration  contracts  which 
they  make  ;  also  copies  of  all  correspondence,  bound 
and  paged.  The  first  is  kept  in  order  to  furnish  the 
Federal  Council  with  such  information  as  is  required 
concerning  contracts,  and  the  relations  of  the  agents 
with  foreign  maritime  companies. 

The  Federal  Council  and  the  cantonal  authorities 
have  the  right  to  examine,  at  any  time,  this  account- 
book  and  the  other  books  and  papers  of  the  agents  and 
sub-agents. 

Agents  and  sub-agents  must  furnish  the  police 
authorities  all  information  demanded  of  them  to  assist 
in  the  capture  of  criminals. 

Article  X. 

Persons,  societies,  or  agencies  which  are  the  repre- 
sentatives, under  any  title  whatsoever,  of  a  colonization 
enterprise,  must  so  inform  the  Federal  Council,  and 
furnisli  complete  information  regarding  such  enterprise. 

1'hc  Federal  Council  is  alone  competent  to  judge  in 
each  particular  case  whether,  and  under  what  conditions, 
persons,  societies,  or  agencies  may  be  permitted  to 
represent  colonization  enterprises. 


184    THE  PROBLEM  OF  THE  IMMIGRANT 


Article  XL 

Agents  are  forbidden  to  forward  : 

(1)  Persons  who,  by  reason  of  advanced  age,  sick- 
ness, or  infirmity,  are  incapable  of  work,  unless  it  can 
be  proven  that  their  maintenance  at  the  place  of 
destination  is  sufficiently  assured  ; 

(2)  Minors  or  persons  under  guardianship,  without 
the  written  consent,  duly  legalized,  of  those  exercising 
the  authority  of  parent  or  guardian.  Minors  less  than 
sixteen  years  of  age  must  also  be  accompanied  by 
trustworthy  persons,  and  proof  must  be  furnished  that 
their  maintenance  at  the  place  of  destination  is 
assured ; 

(3)  Persons  who,  after  having  paid  for  their  pas- 
sage, would  arrive  at  the  place  of  destination  without 
resources ; 

(4)  Persons  to  whom  the  laws  of  the  country  of 
destination  forbid  entrance  as  immigrants  ; 

(5)  Persons  who  are  not  supplied  with  papers 
establishing  their  origin  and  nationality  ; 

(6)  Swiss  citizens  subject  to  military  service,  who 
cannot  prove  that  they  have  restored  their  military 
effects  to  the  State  ; 

(7)  Parents  who  would  leave  in  Switzerland  children 
under  age  without  providing  for  their  proper  care. 

Before  concluding  contracts  with  emigrants,  the 
agencies  must  have  proof  that  the  former  have  com- 
plied with  the  requirements  of  Nos,  2,  5,  6,  and  7  of 
this  article. 

Article  XI  J. 

Emigration  or  colonization  agencies  arc  forbidden 
to  conclude  contracts  by  which  they  agree  to  deliver  a 


SWITZERLAND 


185 


certain  number  of  persons  to  a  transportation  company, 
a  colonization  enterprise,  or  a  foreign  Government. 

Article  XIII. 

Contracts  of  any  nature  which  contain  provisions 
contrary  to  the  prescriptions  of  Articles  XL  and  XIL 
are  declared  null  and  void,  and  render  the  contractors 
liable  to  penalty. 

Article  XIV. 

Agencies  receiving  moneys  on  deposit  must  so 
arrange  that  the  emigrant  shall  obtain,  at  the  place  of 
destination,  the  equivalent  of  his  deposit,  in  cash,  and 
at  the  legal  rate  of  exchange. 

Article  XV. 

In  all  cases,  the  obligation  of  the  agent  towards  the 
emigrant  comprises  : 

( 1 )  The  forwarding  of  the  emigrant  and  his  baggage 
to  the  place  of  destination  indicated  in  the  contract,  at 
the  price  stated  therein,  which  shall  not  be  increased  in 
any  case  or  in  any  manner,  except  as  provided  for  in 
Nos.  5  and  6  of  this  article. 

No  supplementary  charge  shall  be  made  for  transfer 
from  the  vessel  to  the  point  of  debarkation  ; 

(2)  Sufficient  food  and  suitable  lodging  during  the 
entire  journey,  unless  the  emigrant  has  agreed  to  feed 
and  lodge  himself  during  the  land  trip  ; 

(3)  Free  medical,  treatment  in  case  of  illness  ; 

(4)  Suitable  burial  in  case  of  death  during  the 
journey  ; 

(j)  Insurance  of  baggage  against  all  loss  or  damage, 


186    THE  PROBLEM  OF  THE  IMMIGRANT 


according  to  a  tariff  iudicated  in  the  contract  and 
approved  by  the  Federal  Council ; 

(6)  Accident  insurance  of  the  head  of  the  family,  or 
his  representative,  for  the  journey  to  the  place  of 
destination  designated  in  the  contract,  for  the  sum  of 
500  francs : 

The  amount  of  premium  shall  be  stated  in  the  con- 
tract, and  shall  be  based  on  a  tariff  approved  by  the 
Federal  Council ; 

(7)  Complete  maintenance  during  any  period  of 
delay  which  may  occur  in  the  course  of  the  journey, 
provided  such  delay  is  not  chargeable  to  the  emigrant ; 
and,  in  case  of  default  or  insufficiency  of  the  means  of 
transportation  indicated  in  the  contract,  prompt  for- 
warding by  other  means  of  transportation  equally  as 
good  as  those  mentioned  in  the  contract. 

Article  XVI. 

The  following  prescriptions  must  be  observed  in  the 
transportation  of  emigrants  : — 

(1)  For  railway  journeys  there  must  be  provided 
passenger  cars  which  can  be  locked,  and  in  which  each 
person  may  be  seated,  according  to  the  rules  of  trans- 
portation. Access  to  the  ordinary  (third-class)  waiting- 
rooms  must  be  accorded  to  the  emigrants,  as  often  as 
possible  at  stations  where  stops  are  made ; 

(2)  For  journeys  by  water  only  the  vessels  of  the 
company  endorsed  in  the  contract  shall  be  employed. 
These  vessels  must  be  authorized  to  carry  emigrants, 
must  be  provided  with  permanent  fittings  rendering 
possilViC  the  separation  of  the  sexes,  and  must  carry  a 
])hysician.  They  must  also  have  been  submitted  to  the 
supervision  of  the  police  at  the  port  of  embarkation  ; 


SWITZERLAND 


187 


(3)  In  no  case  shall  a  supplementary  tux  en  route, 
tips,  expenses  of  hospital,  or  other  disbursement  whatso- 
ever, be  required  of  the  emigrant ; 

(4)  The  price  of  the  passage  shall  not  be  made  up  in 
whole  or  in  part  by  the  surrender  of  personal  effects  ; 

(5)  The  emigrant  shall  not  provide  his  own  food 
during  the  ocean  voyage ;  such  food  must  be  furnished 
him  in  good  quality  and  completely  prepared  ; 

(6)  Emigrants  bound  for  transoceanic  ports  and  un- 
accompanied by  an  agent  or  sub-agent  must  be  received 
at  the  intermediate  European  stations  and  at  the  port 
of  embarkation  by  a  representative  of  the  emigration 
agency.  Such  representative  shall  not  leave  the  emi- 
grants before  the  departure  of  their  vessel ; 

(7)  The  agents  must  notify  the  respective  consuls  at 
the  ports  of  departure  and  arrival  of  the  embarkation 
and  debarkation  of  emigrants,  and  must  provide  for  the 
reception  of  the  latter  by  a  representative  of  the  agency. 

If  the  agency  does  not  comply  with  the  prescriptions 
contained  in  Articles  XV.  and  XVI.,  the  emigrant  may 
cancel  the  contract  and  sue  for  damages. 

Article  XVII. 

Emigration  contracts  must  be  made  in  writing  and 
in  duplicate,  one  copy  for  the  emigrant  and  the  other 
for  the  agent. 

The  contract  must  contain  : 

(1)  The  name  and  Christian  names,  year  of  birth, 
origin,  and  domicile  of  the  emigrant,  as  well  as  the 
route  to  Ijc  travelled  and  the  name  of  tlie  place  of 
destination  to  whicli  the  a<>ent  agrees  to  forward 
him  ; 

(2)  Exact  information  as  to  the  time  of  departure,  as 


188    THE  PROBLEM  OF  THE  IMMIGRANT 


well  as,  in  case  of  transportation  by  sea,  the  date  and 
port  of  departure  of  the  vessel ; 

(3)  Information  as  to  the  place  and  space  on  board 
ship  to  which  the  emigrant  will  be  entitled  for  himself, 
his  family,  and  his  baggage  ; 

(4)  Exact  statement  (in  letters  and  figures)  of  the 
price  of  transportation  of  person  and  baggage,  the  price 
of  insurance  of  same,  and,  when  pertinent,  the  price  of 
the  ticket  to  the  interior  of  the  transoceanic  country  ; 

(5)  Reproduction  of  the  text  of  Articles  XV.,  XVI., 
XXL,  XXIL,  and  XXIII.  of  this  law  ; 

(G)  Proviso  to  the  effect  that  if  the  emigrant,  through 
illness  or  other  hindrance  for  which  he  is  not  responsible, 
is  unable  to  undertake  or  to  continue  the  journey,  he 
shall  be  reimbursed  the  amount  paid  for  transportation 
of  himself  and  those  of  his  family  who  are  detained  with 
him,  after  deduction  of  the  expenses  incurred  by  the 
agent  in  the  arrangement  or  the  partial  execution  of  the 
contract. 

The  copy  of  the  emigration  contract  held  by  the 
emigrant  must  never,  under  any  pretext,  be  demanded 
of  him. 

The  Federal  Council  prescribes  the  formula  for 
emigration  contracts. 

Article  XVIII. 

Agents  who  violate  this  law,  through  their  own  act 
or  tliat  of  their  sub-agents  or  representatives  in  Switzer- 
land or  in  foreign  countries,  render  themselves  liable 
to  a  penalty  of  from  20  to  1000  francs,  pronounced  by 
the  Federal  Council,  without  prejudice  to  actions  for 
damages  wliicli  may  be  1»rought  against  them.  In  cases 
of  grave  oilenc;c,  the  patent  is  withdrawn,  and  the  agents, 


SWITZERLAND 


189 


sub-agents,  or  representatives  found  guilty  are  liable  to 
imprisonment,  as  provided  for  in  Article  XIX.,  sentence 
to  be  pronounced  by  the  cantonal  tribunals. 

Article  XIX. 

Such  persons  and  their  accomplices  as  undertake, 
without  patent  or  authorization,  to  carry  on  the  opera- 
tions of  emigration,  sell  tickets,  participate  in  a  colo- 
nization enterprise,  or  issue  publications  forbidden  by 
the  Federal  Council  (Article  XXIV.,  No.  1)  shall  be 
denounced  before  the  cantonal  tribunals,  and  punished 
hy  a  fine  of  from  50  to  1000  francs  ;  and,  in  cases  of 
grave  offence,  by  imprisonment  not  to  exceed  six 
months,  without  prejudice  to  actions  for  damages. 

Article  XX. 

Any  person  professing  to  sell  tickets  to  emigrants  is 
subject  to  all  the  provisions  of  this  law  which  may 
concern  him. 

Article  XXT. 

Civil  actions  arising  from  the  non-execution  of  the 
provisions  of  this  law  shall  be  introduced  before  the 
competent  tribunals  of  the  canton  in  which  the  emigra- 
tion contract  has  been  concluded,  within  one  year  from 
the  date  on  which  the  plaintiff  became  cognizant  (jf  the 
injury  done  him,  under  pain  of  proscription. 

The  judge  shall  inform  the  Federal  Council  of  the 
opening  of  such  actions,  as  soon  as  taken  (Article  IV. 
par.  5). 

The  competent  cantonal  authorities  shall  notify  the 
Federal  Council  of  the  judgments  pronounced  in  virtue 
of  Articles  XVIII.,  XIX.,  and  XXI.  of  the  law. 


190    THE  PROBLEM  OF  THE  IMMIGRANT 


Article  XXII. 

Swiss  consuls  at  seaports  are  instructed  to  examine 
without  charge  all  claims  made  by  Swiss  emigrants 
based  on  the  non-fulfilment  of  their  contracts,  such 
claims  to  be  presented  within  ninety-six  hours  after  the 
emigrant's  arrival.  Upon  demand  of  the  interested 
parties  deposition  shall  be  taken  and  a  copy  of  the  same 
sent  to  the  Federal  Council. 

The  Federal  Council  shall  take  the  necessary  steps, 
within  the  limits  of  the  power  conferred  upon  it,  to 
provide  adequate  assistance  and  counsel  for  Swiss 
emigrants  at  ports  of  embarkation  and  debarkation. 

Article  XXIII. 

A  deposition  drawn  up  in  a  foreign  country  by  a 
Swiss  consul,  a  commissioner  of  emigration,  or  any  other 
duly  authorized  person,  according  to  the  law  of  that 
country,  shall  be  regarded  as  honCi  fide,  unless  proof  to 
the  contrary  is  produced. 

Article  XXIV. 

The  Federal  Council  imposes  the  rules  necessary  for 
the  execution  of  this  law. 
It  has  the  right  to  forbid  : 

(1)  Announcements  in  newspapers  or  any  other 
publications,  of  a  nature  to  mislead  persons  wishing  to 
emigrate  ; 

(2)  Employment  of  means  of  transportation  which 
do  not  meet  the  requirements  of  this  law,  or  which  give 
rise  to  well-founded  complaints. 


SWITZERLAND 


191 


Article  XXV. 

The  Federal  Council  shall  designate  the  department 
through  which  its  supervision  of  emigration  agencies 
and  enforcement  of  this  law  shall  be  exercised.  For 
this  purpose  a  special  bureau  shall  be  attached  to  that 
department,  and  instructed  to  put  itself  in  communica- 
tion with  the  proper  authorities  in  foreign  countries, 
and  to  prepare  to  furnish  information  and  counsel  to 
persons  wishing  to  emigrate. 

The  Federal  Council  is  also  empowered,  within  the 
limits  of  the  budget,  to  authorize  special  missions 
having  in  view  the  protection  of  emigrants  and 
colonists. 

Article  XXVI. 

The  Federal  Law  of  December  24,  1880,  concerning 
the  operations  of  emigration  agencies,  together  with  all 
the  provisions  of  the  cantonal  laws  and  ordinances  con- 
trary to  the  present  law,  are  abrogated  from  the  moment 
of  its  enforcement. 

No  canton  shall  hereafter  demand  of  any  emigration 
agent  or  sub-agent,  or  of  any  emigrant,  deposit  or  tax 
of  any  amount  whatsoever,  beyond  the  ordinary  duties 
and  fees. 

Article  XXVII. 

In  conformity  to  the  provisions  of  the  Federal  law 
of  June  17,  1874,  concerning  the  popular  vote  on 
Federal  laws  and  decrees,  the  Federal  Council  is  required 
to  publish  the  present  law,  and  to  fix  the  date  of  its 
enforcement. 


192    THE  TROBLEM  OF  THE  IMMIGRANT 


Decree  of  the  Federal  Council. 

The  above  Federal  law,  published  April  7,  1888, 
shall  be  enforced  on  and  after  July  10,  1888. 
Berne,  July  10,  1888. 

In  the  name  of  the  Swiss  Federal  Council. 
For  the  President  of  the  Confederation  : 

Schenk. 

The  Chancellor  of  the  Confederation  : 

Ringier. 

[Translated  from  the  French.) 

REGULATION  OF  JULY  10,  1888. 
Providing  for  the  Enforcement  of  the  Federal 
Law  of  March  22,  1888,  concerning  the  Opera- 
tions OF  Emigration  Agencies. 

Article  I. 

The  Federal  Council  shall  supervise  emigration 
ao-encies  and  enforce  the  Federal  law  concernino;  tlie 
operations  of  such  agencies  through  the  Federal  Depart- 
ment of  Foreign  Affairs. 

Article  II. 

In  conformity  to  Article  I.  par.  1  of  the  law,  the 
canton  shall  inform  the  Federal  Council  to  what 
authorities  supervision  of  the  agents  and  sub-agents 
established  in  their  territory  has  been  entrusted. 

Patents. 
Article  III. 

Patents  issued  under  the  Federal  law  of  December 
24,  1880,  concerning  the  operations  of  emigration 
agencies,  shall  be  valid  until  August  31,  1888. 


SWITZEELAND 


193 


Article  IV. 

Any  person  or  persons  desiring  to  undertake  the 
business  of  forwarding  emigrants,  or  of  selling  tickets, 
must  obtain  a  patent  from  the  Department  of  Foreign 
Aflfaks. 

By  tickets  is  meant  contracts  .providing  for  the 
voyage  by  sea  from  a  European  port  of  embarkation  to 
a  foreign  port  of  debarkation. 

Article  V. 

Societies  wishing  to  engage  in  the  business  of  an 
emigration  agency  or  the  sale  of  tickets,  must  submit, 
with  their  request  for  patent,  their  by-laws,  or  an 
authenticated  copy  thereof,  giving  the  name  of  their 
representative. 

Article  VI. 

Any  person  applying  for  a  patent  must  prove : 
(a)  That  he  possesses  a  good  reputation,  and  full 
civil  and  political  rights  ; 

(/v)  That  he  understands  the  operations  of  emigra- 
tion, and  is  able  to  forward  emigrants  in  complete 
security  ; 

(c)  That  he  has  a  regular  domicile  in  Switzerland. 

The  Department  of  Foreign  Aflfairs  can,  in  place  of 
the  proof  required  under  h,  subject  the  applicant  to  an 
examination. 

Any  applicant  for  a  patent  must  be  in  position  to 
declare  that  he  is  not  •  in  the  service  of  a  maritime  com- 
l)auy,  nor  of  a  railroad  in  a  trans-Atlantic  country,  nor 
in  dependent  relations  with  such  company. 

The   patent  of  emigration    agent   is   issued  to 

0 


194    THE  PROBLEM  OF  THE  IMMIGRANT 


foreigners  only  on  condition  that  the  laws  of  the 
country  of  which  they  are  citizens  do  not  prohibit  their 
engaging  in  the  operations  of  emigration. 


Article  VII. 

Individuals  or  societies  who  have  up  to  the  present 
time  been  engaged  in  selling  tickets  may  continue  their 
operations  without  patent  until  August  31,  1888.  At 
all  times,  however,  even  before  the  expiration  of  that 
period,  they  are  subject  to  the  provisions  of  the  Federal 
law  of  March  22,  1888,  concerning  the  operations  of 
emigration  agencies,  which  do  not  relate  to  the  issuance 
of  patents. 

From  September  1,  1888,  no  person  or  society, 
unprovided  w^ith  a  patent,  shall  engage  in  the  business 
of  forwarding  emigrants  or  of  selling  tickets. 

If,  through  the  fault  of  the  applicant,  the  request 
for  patent  has  not  been  granted  by  September  1,  1888, 
he  is  forbidden  to  engage  in  the  operations  of  emigration 
until  he  shall  have  received  such  patent. 


Article  VIII. 

The  Department  of  Foreign  Affairs  notifies  the 
cantonal  authorities  of  the  applications  for  patents 
which  it  receives. 

The  competent  cantonal  authorities  shall  ascertain 
whether  or  not  the  conditions  necessary  to  the  granting 
of  a  patent  have  been  fully  complied  with.  Examination 
of  the  applicant  is  allowable. 


SWITZERLAND 


195 


Article  IX. 

The  fee  for  a  patent  is  50  francs  a  year. 

This  fee  is  reduced  proportionately  if  the  patent  is 
not  issued  the  first  month  of  the  year.  First  payment 
is  made  upon  receipt  of  the  patent,  and  each  subsequent 
annual  payment  during  the  month  of  January. 

Article  X. 

The  patent  confers  the  right  to  engage  in  the 
operations  of  emigration  within  the  territory  of  the 
Confederation  ;  agents  are  required  to  notify  the  De- 
partment of  Foreign  Affairs  of  the  domicile  chosen  by 
them,  and  of  all  changes  in  such  domicile. 

Article  XL 

Agents  and  sub-agents  are  forbidden  to  canvass  the 
rural  districts,  or  otherwise  endeavour  to  increase  emi- 
gration. 

Article  XII. 

Persons  or  societies  provided  with  a  patent  for  the 
sale  of  tickets  may  not  engage  in  any  other  branch  of 
emigration  business. 

Article  XI  11. 

The  Federal  Council  may  withdraw  patents  : 
(a)  When  the  holder  of  the  patent  no  longer  fulfils 
the  conditions  prescribed  in  Ai'ticlc  V.  ; 


196    THE  PROBLEM  OF  THE  IMMIGRANT 


(b)  When  he  is  guilty  of  grave  or  repeated  infractions 
of  the  law  ; 

(c)  When  he  takes  part  in  a  colonization  enterprise 
against  which  the  Federal  Council  has  warned  the 
people  ; 

(d)  When  he  fails  to  furnish  the  security  required 
by  the  law  within  the  time  fixed  by  Article  XXVIII. 

Article  XIV. 

Any  agent  desirous  of  relinquishing  his  patent, 
must  make  declaration  to  that  effect  to  the  Federal 
Council  and  return  the  patent  to  it. 

Sub-Agents. 
Article  XV. 

Agents  may  be  lawfully  represented  by  sub-agents 
whose  employment  has  been  approved  by  the  Federal 
Council. 

Article  XVI. 

Agencies  must  furnish  the  Department  of  Foreign 
Afifairs  exact  data  relative  to  the  name,  occupation,  and 
domicile  of  sub-agents. 

Sub-agents  may  not  engage  in  the  operations  of 
emigration  until  their  employment  has  been  approved 
by  the  Federal  Council. 

Article  XVII. 

The  employment  of  sub-agents  is  approved  : 

{a)  When  proof  is  furnished  that  they  have  complied 


SWITZERLAND 


197 


with  the  conditions  imposed  upon  agents  (Article 
VI.); 

(b)  When  the  information  required  by  the  cantonal 
authorities  (Article  I  of  the  law)  is  satisfactory. 

Article  XVIII. 

Officers  and  employees  of  the  Confederation  are 
forbidden  to  engage  in  any  branch  of  emigration 
business  whatsoever. 

Article  XIX. 

The  Federal  Council  takes  up  the  matter  of  approval 
of  sub-agents  twice  a  year.  In  the  interval  the  De- 
partment of  Foreign  Affairs  may  approve  the  employ- 
ment of  sub-agents,  subject,  however,  to  the  final 
decision  of  the  Federal  Council,  In  the  latter  case,  the 
customary  fee  must  be  paid  at  the  time  of  the  pro- 
visional approval. 

Article  XX. 

Agents  are  forbidden  to  employ  in  the  transaction 
of  business  with  emigrants  sub-agents  whose  appoint- 
ment has  not  already  been  confirmed  by  tlie  Federal 
Council. 

The  employment  of  sub-agents  from  another  agency, 
or  of  secret  agents,  is  also  forbidden. 

Article  XXI. 

Sub-agents  shall  not,  without  authorization  from 
the  Department  of  Foreign  Afi'airs,  engage  in  the 
operations  of  emigration  in  any  locality  other  than 


198    THE  PROBLEM  OF  THE  IMMIGRANT 


that  in  which  the  request  for  approval  of  their  appoint- 
ment indicates  they  are  domiciled. 

Article  XXII. 

The  Federal  Council  may  cancel  its  approval  of  a 
sub-agent's  aj)pointment : 

{a)  When  he  no  longer  complies  with  the  legal 
conditions  (Article  VI.)  ; 

{b)  When  he  gives  cause  for  just  complaint ; 

(c)  When  he  carries  on  the  operations  of  emigration 
for  his  personal  profit ; 

{d)  When  he  attempts  to  increase  emigration  by 
canvassing  the  rural  districts. 

Whenever  the  Federal  Council  withdraws  its  authori- 
zation for  the  employment  of  a  sub-agent,  he  must  be 
immediately  dismissed. 

The  Department  of  Foreign  Affairs  decides  whether 
an  ex-sub-agent  may  be  re-employed,  also  whether  a 
sub-agent  may  pass  from  one  agency  to  another. 

Article  XXIIL 

Agents  must  pay  the  following  fees  for  official 
approval  or  authorization,  covering  the  employment 
of  their  sub-agents,  and  for  modifications  or  changes 
in  the  personnel  of  the  latter  : — 

{a)  For  the  authorization  of  emplo}'ment  of  a 
sub-agent,  of  re-employment  of  an  ex-sub-agent,  or 
of  transfer  of  a  sub-agent  from  one  district  to  another, 
30  francs  ; 

(6)  For  the  publication  of  change  of  domicile,  or  of 
dismissal  of  a  sub-agent,  5  francs. 

When  a  sub-agent  dies  no  fee  is  demanded  for  the 
publication  of  his  death. 


SWITZEKLAND 


199 


These  fees,  and  those  prescribed  in  Article  IX.,  must 
be  paid  even  though,  for  any  reason  whatsoever,  a 
sub-agent  is  not  employed,  after  his  appointment  has 
been  officially  approved,  or  a  holder  of  a  patent 
relinquishes  the  same  before  opening  up  emigration 
operations. 

Securities. 
Article  XXIV. 

Any  person  or  society  obtaining  a  patent  for  an 
emigration  agency  shall  furnish  security  in  the  amount 
of  40,000  francs. 

Any  person  or  society  securing  patent  solely  for 
the  sale  of  tickets  (Article  IV.)  shall  furnish  security 
in  the  amount  of  20,000  francs. 

Agencies  must,  in  addition,  furnish  security  in  the 
amount  of  3000  francs  for  each  sub-agent  whose 
employment  is  officially  approved. 

Article  XXV. 

Securities  shall  consist  of  Federal  or  cantonal  bonds, 
or  others  of  equal  value. 

Article  XXVI. 

A  list  of  the  bonds  or  other  property  which  the 
agent  or  society  proposes  to  deposit  as  security  shall 
be  furnished  the  Department  of  Foreign  Afi'airs,  which 
department,  with  the  advice  and  assistance  of  the 
Federal  Department  of  Finance,  shall  pass  upon  their 
value  and  acceptability. 


200    THE  PKOBLEM  OF  THE  IMMIGRANT 


Article  XXVII. 

Securities  are  deposited  in  the  Federal  State 
Treasury,  and  charged  to  the  Department  of  Foreign 
Affairs, 

The  security  must  be  convertible  according  to  the 
provisions  of  the  contract  of  deposit,  as  regulated  by 
the  Swiss  Code  of  Obligations. 

Article  XXVIIL 

A  period  of  fourteen  days,  from  the  date  of  issuance 
of  the  patent  or  the  authorization  for  the  employment 
of  a  sub-agent,  is  allowed  the  agent  in  which  to  deposit 
the  security. 

The  Department  of  Foreign  Affairs  may,  in  excep- 
tional cases,  extend  this  period  to  a  month. 

Article  XXIX. 

This  security  serves  as  guarantee  for  the  payment 
of  claims  for  damages  or  penalties  arising  from  the 
agency's  infraction  of  the  law. 

Should  the  security  suddenly  decrease  in  value, 
for  any  reason  whatsoever,  the  depositor  is  required 
to  immediately  furnish  the  equivalent. 

Article  XXX. 

The  expenses  resulting  from  the  safeguarding  of 
the  deposit,  the  remittance  of  coupons,  forwarding  of 
documents,  etc.,  are  charged  to  the  depositor. 

At  the  end  of  each  year,  coupons  coming  due  the 


SWITZERLAND 


201 


year  following  on  bonds  deposited  as  securities  shall  be 
placed  at  the  disposal  of  the  depositors. 

The  plan  to  be  followed  in  case  of  drafts,  con- 
versions, expiration  of  loans  and  payments  of  interest 
due  on  securities  is  left  to  the  option  of  the  person 
furnishing  the  security. 

In  cases  of  this  nature  the  return  of  all  or  a  part 
of  the  security  takes  place  only  after  the  agent  has 
deposited  an  equivalent. 

Article  XXXI. 

Neither  security  nor  fee  is  demanded  for  those 
employed  exclusively  in  the  principal  office  of  the 
agency  as  correspondents,  cashiers,  book-keepers,  com- 
missionaires. 

At  the  same  time,  these  employees,  unless  they  are 
also  sub-agents  with  security  deposited  for  them,  have 
no  right  to  sign  emigration  contracts.  Such  an  act 
will  be  considered  a  violation  of  Article  V.  of  the  law, 
and  will  be  punished  as  such. 

Article  XXXII. 

The  deposited  security,  amounting  to  40,000  or 
20,000  francs,  as  the  case  may  be,  cannot  be  returned 
until  the  expiration  of  one  year  from  the  date  of  the 
cancellation  of  the  patent.  If,  within  that  time,  claims 
arise  against  the  agency,  the  security  shall  be  levied 
up  to  the  amount  of  the  claims  until  discharged. 

The  Department  of  Foreign  Affairs  shall  cause  to  be 
published,  in  the  Swiss  F(xleral  newspaper  and  the  Swiss 
official  journal  of  commerce,  notice  as  to  the  period  in 
which  claims  against  the  security  may  be  brought. 


202    THE  PROBLEM  OF  THE  BBIIGRANT 


Article  XXXIIL 

Reimbursement  of  the  security  given  for  a  sub- 
agent  takes  place  one  year  after  his  dismissal. 

General  and  Final  Provisions. 
Article  XXXIV. 

The  Department  of  Foreign  Affairs,  and  the  can- 
tonal officials  charged  with  supervision  of  emigration, 
shall  keep  an  exact  and  continuous  daily  register,  into 
which  shall  be  written  the  names  of  agencies  patented, 
representatives  of  societies  recognized,  of  persons 
authorized  to  sell  tickets,  and  of  their  sub-agents. 
These  names  shall  be  published  through  the  Federal 
newspaper  immediately  after  the  issuing  of  the  patent 
or  the  approval  of  appointmeuts. 

A  list  of  the  persons  authorized  to  forward  emigrants 
shall  be  published  in  the  annual  report. 

Article  XXXV. 

The  cantonal  authorities  must  distribute  copies  of 
these  notices  or  publications  in  sufficient  number  among 
the  police  to  enable  the  latter  to  see : 

(«)  That  persons  not  on  the  list  of  agents  do  not 
advertise  the  business  of  forwarding  emigrants  ; 

(b)  That  there  does  not  appear  in  the  public  press 
or  in  other  forms  of  publication  any  announcement  of  a 
nature  calculated  to  mislead  people  desiring  to  emigrate. 
In  case  the  author  of  such  illegal  advertisement  can- 
not be  found,  the  proprietor  of  the  newspaper,  or,  if 
necessary,  the  printer,  may  be  held  responsible  for 
violation  of  the  law. 


SWITZEELAND 


203 


Article  XXXVI. 

Agents  are  personally  responsible  to  the  authorities 
and  to  the  emigrants,  not  only  for  their  own  conduct, 
but  that  of  their  sub-agents  and  representatives  in 
foreign  countries. 

Article  XXXVII, 

Agents  and  sub-agents  must  keep,  according  to  a 
form  provided  by  the  Department  of  Foreign  Affairs,  a 
register  bound  and  paged,  containing  all  emigration 
contracts  made  by  them.  Copies  of  letters  to  their 
correspondents  must  also  be  bound  and  paged. 

Article  XXXVIIL 

The  Department  of  Foreign  Affairs  shall,  from  time 
to  time,  inspect  these  registers,  as  well  as  the  other 
books  and  papers  of  the  agents  and  sub-agents. 

Agents  and  sub-agents  shall  place  no  obstacle  in  the 
v/ay  of  the  officials  of  the  Federal  Bureau  of  Emigration 
or  the  cantonal  authorities  making  such  inspection. 

Article  XXXIX. 

Agents  must  send  to  the  Department  of  Foreign 
Affairs : 

(1)  A  list  of  the  persons  forwarded  by  them  ; 
blanks  for  this  list  are  furnislied  free  of  charge  to 
agents,  and  should  be  filled  out  and  sent  in  each 
month ; 

(2)  A  table  of  tlic  rates  on  all  routes  over  wlii(;h 
they  forward  emigrants,  stating  specifically  rates  for  the 


204    THE  PROBLEM  OF  THE  IMMIGRANT 


journey  to  the  port  of  debarkation,  and  rates  for 
transportation  into  the  interior  of  trans-oceanic 
countries ; 

(3)  Tiie  names  of  their  representatives  and  of  their 
attorneys  at  the  ports  of  embarkation  and  debarkation  ; 

(4)  The  tariffs  at  which,  according  to  Article  XV. , 
Nos.  5  and  6  of  the  law,  the  baggage  of  the  emigrant, 
the  head  of  the  family,  or  his  representative,  may  be 
insured ; 

(5)  A  list  of  the  sums  which  are  remitted  to  the 
agent,  and  which,  as  provided  by  Article  XIV.  of  the 
law,  must  be  returned  to  the  emigrant  at  the  place  of 
destination. 

This  list  must  include  : 

(a)  The  sum  deposited  in  Swiss  money  ; 

(6)  The  equivalent  of  such  sum  in  the  money  of  the 
country  of  destination  ; 

(c)  The  emigrant's  name  in  full ; 

(d)  The  full  name  and  address  of  the  person  or  of 
the  office  at  the  place  of  destination  responsible  for 
payment  of  the  sum  deposited. 

The  Federal  Council  may  forbid  agents  to  sell 
tickets  providing  for  transportation  into  the  interior  of 
a  country. 


Article  XL. 

Agents  must  give  ample  notice  to  consulates  at  the 
ports  of  embarkation  and  debarkation  of  the  arrival  of 
emigrants,  and  must  provide  that  the  latter  shall  be 
received  at  such  ports  by  a  representative  of  the 
agency. 


SWITZERLAND 


205 


Article  XLI. 

The  Department  of  Foreign  Affairs  is  entrusted 
with  the  enforcement  of  the  present  regulation. 
Berne,  July  10,  1888. 

In  the  name  of  the  Swiss  Federal  Council. 
For  the  President  of  the  Confederation  : 

SCHENCK. 

The  Chancellor  of  the  Confederation  : 

RiNGIER. 

Subsequent  Amendments. 

Under  date  of  February  12,  1889,  a  circular  was 
issued  by  the  Swiss  Government,  calling  attention  to  the 
need  of  still  further  restricting  eflforts  to  induce  emigra- 
tion through  colonization  enterprises,  and  holding  the 
agents  to  stricter  account  for  promoting  the  same. 
Efforts  to  create  Swiss  colonies  in  foreign  countries  were 
deprecated,  and  the  Swiss  people  were  urged  not  to  join 
any  enterprise  which  proposed  to  advance  to  an  emigrant 
a  whole  or  a  part  of  the  expense  of  the  journey. 

To  further  emphasize  the  attitude  of  the  Govern- 
ment in  these  matters,  the  following  additions  were 
made  to  the  regulations  concerning  emigration  : — 

Article  XLII. 

No  one  shall  be  allowed  to  engage  in  a  colonization 
enterprise  having  for  its  object  emigration,  without 
furnishing  the  Swiss  Government  with  complete  in- 
formation as  to  such  enterprise. 

It  is  forbidden  to  advertise  or  to  give  information 


206    THE  PROBLEM  OF  THE  IMMIGRANT 

concerning  any  colonization  project  not  authorized  by 
the  Federal  Council. 

Article  XLIII. 

Without  authorization  from  the  Federal  Council  no 
contract  can  be  concluded  with  persons  to  whom  the 
expenses  of  emigration  in  whole  or  in  part  are  to  be 
advanced  or  paid. 

Article  XLIV. 

It  is  forbidden  to  advertise  in  the  public  press  or 
otherwise  to  the  effect  that  an  advance  on  the  expense 
of  the  journey  will  be  made  to  any  emigrant. 


CHAPTER  XII 


GERMANY 

The  area  of  the  German  Empire  is  208,830  square  miles, 
and  contains  a  population  of  56,367,158,  this  being  an 
average  of  about  270  persons  to  the  square  mile. 
Over  20,000,000  of  the  people  are  engaged  in  mining, 
metal  works,  and  other  industries  ;  over  18,000,000  are 
engaged  in  agriculture ;  and  about  6,000,000  in 
commerce  and  trade. 

There  is  no  restraint  upon  immigration  into 
Germany  other  than  the  police  surveillance  which  is 
extended  to  every  alien  or  new  arrival  who  takes  up  a 
lengthy  residence  in  the  empire.  There  is  no  restriction 
upon  emigration  other  than  that  incident  to  the 
military  service  required  of  every  German  citizen.  The 
German  Government  does  not  permit  males  to  emigrate 
while  they  may  be  subject  to  military  duty  (between 
the  seventeenth  and  forty-fifth  years  of  their  age),  unless 
they  have  a  furlough,  have  completed  their  military 
service,  or  can  produce  proof  of  unfitness  therefor.  All 
emigrants  subject  to  military  duty  are  required  to  take 
out  passports,  in  which,  if  the  holder  is  still  under 
military  obligations,  is  stated  the  time  within  which 
he  is  obliged,  under  penalty  and  punishment,  to  return. 
Minors  are  not  allowed  to  emigrate  without  the  consent 
of  their  parents  or  guardians. 

The  German  Government  has  not  made  serious  effort 


208    THE  PROBLEM  OF  THE  IMMIGRANT 

to  hinder  or  change  the  current  of  emigration,  though 
public  sentiment,  as  expressed  through  the  press,  is 
decidedly  hostile  towards  any  movement  of  the  native 
population  to  distant  countries  other  than  the  German 
Colonies  or  Brazil.  During  the  past  thirty-two  years, 
about  2,600,000  emigrants  of  German  nationality  have 
left  the  home  country  to  effect  permanent  settlement 
abroad.  Over  90  per  cent,  of  these  have  gone  to  the 
United  States.  In  1880  a  very  large  movement  of 
Germans  to  America  began,  and  continued  with  annual 
decreases  until  1892.  The  exodus  during  the  eighties 
was  due  to  the  very  great  advantages  offered  in  the 
western  part  of  the  United  States  to  agricultural 
settlers.  The  movement  in  1891  and  1892  was  due 
to  severe  industrial  depression  at  home.  Since  1892 
emigration  from  Germany  has  shown  a  marked  decrease. 
In  that  year  about  117,000  left  their  homes  to  find 
permanent  locations  elsewhere,  and  in  1902  the  total 
was  only  about  32,000.  The  efforts  made  to  stimulate 
emigration  to  Brazil  and  the  German  Colonies  in  Africa 
and  Asia  have  met  with  little  success. 

The  American  statistics  of  immigration  for  1904 
show  some  increase  of  German  immigrants  over  the 
preceding  year.  This  may  be  partially  a  genuine 
increase,  but,  as  the  American  figures  are  based  upon 
racial  origin,  they  are  somewhat  confusing  in  the 
classification  of  Europeans.  Many  Austrians,  speaking 
German,  but  resident  a  considerable  distance  from  the 
German  border,  classify  themselves  as  Germans  when 
interrogated  as  to  their  nationality.  It  is  more  than 
probable  that  a  considerable  proportion  of  the  increase 
of  German  movement  towards  the  United  States,  noted 
this  year,  is  due  to  inaccuracy  as  to  place  of  actual 
residence. 


GERMANY 


209 


The  movement  of  German  citizens  from  the  mother- 
land to  foreign  countries  is  now  an  inconsiderable  portion 
of  the  emigration  business  transacted  from  and  across 
German  territory.  Kussians,  Poles,  Austrians,  Hun- 
garians, and  many  others  have  for  years  used  the 
German  ports  of  Hamburg  and  Bremen  as  their  place 
of  embarkation  for  the  ocean  voyage  to  other  countries. 
A  considerable  number  of  these  people  also  cross  the 
German  Empire  to  take  passage  from  the  ports  of 
Antwerp  or  Rotterdam.  This  trans-German  business 
amounts  in  a  single  year  to  the  handling  of  from 
225,000  to  250,000  persons.  Of  non-Germans  who 
emigrated  from  the  German  ports  in  1902,  68,000  were 
from  Hungary,  68,000  from  Austria,  and  56,000  from 
Russia,  About  88  per  cent,  of  these  went  to  the  United 
States,  England  receiving  by  far  the  greater  number  of 
the  others. 

All  trans-German  emigration  is  subjected  to  an 
examination  before  being  admitted  upon  German  soil. 
The  large  German  steamship  lines  have  an  arrangement 
with  the  Prussian  railway  authorities,  under  which  the 
latter  refuse  transportation  to  emigrants  from  Austria 
and  Russia  who  fail  to  meet  certain  requirements.  As 
the  bulk  of  the  emigration  is  to  the  United  States, 
this  care  is  exercised  to  prevent  prohibited  classes  of 
emigrants  from  undertaking  the  long  journey  across 
Germany  only  to  be  rejected  for  passage  at  the  ports  of 
embarkation.  The  German  police  authorities  hold  the 
transportation  companies  responsible  for  the  presence  of 
undesirable  aliens,  and  they  are  not  allowed  to  remain 
in  German  sea-port  cities,  as  is  the  case  in  England.  If 
rejected  for  transportation  at  Hamburg  or  Bremen,  alien 
emigrants  arc  supposed  to  Ijc  returned  to  the  countries 
of  their  origin.    This  is  probably  done  in  most  cases. 

P 


210    THE  PEOBLEM  OF  THE  IMMIGRANT 


It  is  undoubtedly  true,  however,  that  many  of  them  are 
smuggled  from  Bremen  and  Hamburg  to  Rotterdam, 
and  from  there  are  taken  either  to  the  United  States  or 
to  England,  generally  the  latter  country.  There  are 
also  some  direct  passages  arranged  for  from  Bremen 
and  Hamburg  to  English  ports.  The  German  steam- 
ship lines  make  every  effort  to  secure  the  arrival  of 
their  through  passenger  in  the  United  States.  If  such 
passenger,  on  arrival  at  Hamburg  or  Bremen,  is  adjudged 
unlikely  of  admission  to  the  United  States  by  reason  of 
suffering  from  some  disease  or  disqualification  which 
might  possibly  be  removed  within  reasonable  time,  he 
is  taken  care  of  at  hospitals  and  other  institutions  in 
the  effort  to  make  him  acceptable.  Cases  are  on  record 
where  emigrants  have  been  thus  detained  without 
expense  to  themselves  for  three,  four,  or  even  six 
months,  the  companies  preferring  to  do  this  rather 
than  return  the  entire  passage  money,  in  which  there 
is  a  large  element  of  profit. 

Before  entering  German  territory,  every  Russian 
emigrant  undergoes  a  physical  examination,  is  com- 
pelled to  take  a  bath,  and  has  his  baggage  disinfected. 
He  is  also  supposed  to  have  a  Russian  passport,  a  ticket 
through  to  an  American  port,  and  a  certain  sum  of 
money.  The  places  where  these  preliminaries  occur  are 
Memel,  Tilsit,  Eydtkuhnen,  Illowo,  Posen,  Ottlotschin, 
Insterburg,  and  Prostkau.  The  Austrian  emigrants 
must  also  have  a  steamer  ticket  and  a  sum  of  money, 
and  under  the  present  arrangement  a  passport  is  not 
required.  The  proposed  Austrian  emigration  law  will 
impose  the  necessity  of  a  passport  if  the  measure  now 
under  consideration  is  finally  enacted.  The  Austrian 
emigrant  must  also  present  a  certificate  from  the 
medical  examining  agents  of  the  steamship  companies 


GERMANY 


211 


at  Muslowitz  or  Ratibor.  At  Ruhleben,  near  Berlin, 
these  two  streams  of  Russians  and  Austrians  come 
together,  and  once  again  every  man,  woman,  and  child 
is  subjected  to  medical  examination.  The  Hamburg 
and  Bremen  contingents  are  then  separated  and  shipped 
direct  to  their  respective  ports  of  embarkation.  Before 
the  departure  of  the  steamer,  each  of  these  emigrants  is 
again  inspected,  and  at  these  points  the  United  States 
consuls  are  allowed  to  be  present  at  the  examination  of 
those  whose  destination  is  the  United  States. 

The  native  emigration  from  Germany  is  of  a  most 
desirable  class.  Nearly  all  of  these  people  are  agri- 
culturalists, or  have  some  trade  at  their  command. 
Unfortunately,  not  as  much  can  be  said  of  the  trans- 
German  emigration.  A  change  has  been  made  recently 
in  the  transportation  currents  of  Europe  which  will 
probably  decrease  the  number  of  Hungarians  and 
Austrians  who  sail  from  German  ports.  The  Hungarian 
Government  has  made  a  contract  with  the  Cunard 
steamship  company,  whereby  a  new  line  of  steamers 
now  operates  from  the  Hungarian  port  of  Fiume  direct 
to  the  United  States.  The  Hungarian  law  gives  the 
Ministry  the  right  to  practically  dictate  the  route  by 
which  emigrants  shall  leave  the  country.  This  right 
has  been  exercised  in  favour  of  Fiume,  to  the  extent  of 
notifying  all  emigrants  that  over  this  route  alone  will 
the  Hungarian  Government  exercise  its  powers  for  the 
protection  of  Hungarian  citizens  en  route  to  other 
countries.  The  proposed  law  in  Austria  confers  the 
same  privilege  upon  the  Government  officials  of  that 
country,  and  if  this  measure  is  enacted,  as  it  probably 
will  be,  still  further  effort  will  be  made  to  divert  emigrant 
traffic  from  tlie  German  ports  to  Fiume,  which  is  looked 
upon  as  the  principal  port  of  Austria-Hungary. 


212    THE  PROBLEM  OF  THE  IMMIGRANT 

The  German  emigration  law  has  been  used  as  a 
model  by  all  European  countries  which  have  recently 
legislated  for  the  restriction  of  emigration,  though 
several  of  the  other  countries  have  gone  much  further 
than  the  German  law  towards  the  control  of  emigration 
agencies  and,  in  fact,  the  entire  control  in  detail  of  the 
emigration  business.  All  of  these  laws,  and  especially 
the  German  law,  are  drawn  for  the  purpose  of  protecting 
the  country  thus  legislating  from  the  evil  efiects  of 
emigration,  but  at  the  same  time,  without  the  slightest 
consideration  for  the  country  to  which  the  emigrants 
are  going.  Desirable  persons  proposing  to  emigrate 
are  discouraged  from  so  doing,  but  no  obstacle  is  placed 
in  the  path  of  an  intending  emigrant  whose  departure 
will  be  a  benefit  to  the  community  he  leaves  behind. 
The  German  Government  exercises  the  strictest  control 
over  trans-German  emigration,  to  the  end  that  the 
transportation  interests  may  conduct  the  largest  possible 
business  without  injury  to  German  citizens. 

For  the  purpose  of  encouraging  German  steamship 
business,  indirect  emigration  to  foreign  countries  is  not 
allowed  from  German  territory.  If  a  Russian  emigrant 
intends  going  to  the  United  States,  he  cannot  buy  a 
ticket  to  England  and  there  procure  the  transportation 
needed  to  complete  his  journey.  This  would  work  to 
the  direct  benefit  of  England,  but  for  the  fact  that  this 
regulation  is  one  which  can  be  easily  evaded  ;  and  many 
emigrants  from  the  Continent  who  intend  to  go  to  the 
United  States  as  soon  as  they  are  able,  prefer  to  make 
the  journey  to  England,  in  hopes  of  finding  better 
opportunity  there  to  earn  the  money,  or  secure  trans- 
portation, and  thus  reach  their  ultimate  destination 
sooner  than  would  have  been  possible  had  they 
attempted  to   make   complete  arrangements   at  the 


GERMANY 


213 


original  starting-point.  The  worst  feature  to  England 
of  the  great  emigration  movement  across  Germany  is 
the  unquestionably  large  number  of  undesirables  who 
reach  the  German  ports,  and  there,  being  unable  to 
secure  transportation  to  the  United  States,  find  some 
legal  or  illegal  way  of  getting  to  the  British  Isles.  A 
large  part  of  the  German  emigrant  administration  is 
contained  in  police  and  other  minor  administrative  acts, 
but  the  law  itself  expresses  the  fundamental  idea  of 
emigration  control,  and  is  of  interest  and  value  to  any 
student  of  the  subject. 


( Translated  from  the  German. ) 
THE  LAW  OF  JUNE  9,  1897, 
Concerning  Emigration. 

Chapter  I. 
Managers.^ 
§1. 

Any  person  desiring  to  engage  in  the  business  of 
forwarding  emigrants  to  non-German  countries  must 
have  permission  therefor. 

§2. 

The  power  to  grant  or  refuse  such  permission  rests 
with  the  Chancellor  of  the  Empire,  under  sanction  of 
the  Government. 

'  Tho  word  "  marmgcr "  is  horo  used  in  tiio  senso  of  proprietor  or 
responsiblo  head  of  a  business. 


214    THE  PROBLEM  OF  THE  IMMIGRANT 


§3. 

As  a  rule,  permission  shall  be  granted  only  to  : 
(a)  German  subjects  who  carry  on  and  have  their 
place  of  business  in  the  Empire  ; 

(6)  Trade  companies,  registered  corporations,  and 
legal  personages,  who  have  their  head-quarters  in  the 
Empire ;  public  trade  companies,  branch  companies, 
and  branch  stock  companies,  provided,  however,  that 
their  personally  responsible  partners  are  all  of  them 
German  subjects. 

§4. 

Foreigners  and  foreign  companies,  and  such  German 
subjects  as  have  not  their  place  of  business  and  do  not 
carry  on  the  same  in  the  German  Empire,  may  be 
granted  permission  only  upon  condition  : 

(a)  That  they  give  power  of  attorney  to  a  German 
subject  resident  in  the  Empire,  who  represents  them  in 
a  legally  responsible  manner  toward  public  authorities 
and  private  persons  in  matters  having  reference  to  the 
forwarding  of  emigrants  ; 

(6)  That  they  subject  themselves  to  German  law 
and  German  courts  in  all  legal  disputes  arising  from 
the  forwarding  of  emigrants. 

§5. 

Before  obtaining  permission,  the  applicant  must 
give  security  in  the  sum  of  at  least  50,000  marks,  and, 
in  case  of  intended  transmarine  forwarding,  furnish 
proof  that  he  is  a  shipowner. 


GERMANY 


215 


§6. 

Permission  shall  be  granted  only  for  certain  countries, 
parts  of  the  same,  or  certain  places,  and,  in  case  of  trans- 
marine forwarding,  only  for  certain  ports. 

§7. 

In  granting  permission  to  such  German  companies 
as  purpose  the  settlement  of  a  tract  of  land  acquired  by 
them  in  transmarine  countries,  the  Chancellor  of  the 
Empire  is  not  bound  by  the  provisions  of  section  5. 

Furthermore,  exceptions  to  the  provisions  of  section 
5  may  be  conceded  on  special  grounds. 

§8. 

The  permission  entitles  the  manager  to  carry  on 
business  throughout  the  Empire,  with  the  restriction 
that,  outside  of  the  communal  district  of  his  place  of 
business  and  of  the  communal  district  of  his  possible 
branch  establishments,  he  shall  make  use  exclusively 
of  the  mediation  of  his  agents,  allowed  according  to 
section  1 1 ,  in  the  exercise  of  his  collective  business,  in 
all  matters  beyond  the  mere  answering  of  inquiries  for 
information  or  the  publishing  of  forwarding  opportuni- 
ties and  conditions. 

§9- 

The  manager  may  exercise  his  right  to  carry  on 
business  through  a  substitute.  The  appointment  of 
such  is  requisite  for  the  carrying  on  of  business  in 
branch  establishments. 


216    THE  PROBLEM  OF  THE  IMMIGRANT 


In  case  of  the  death  of  the  manager,  as  also  in  case 
of  guardianship,  the  business  may  be  carried  on  by 
substitute  for  six  months  at  most. 

§10. 

The  permission  granted  to  a  manager  may,  with  the 
sanction  of  the  Government,  be  at  any  time  restricted 
or  revoked  by  the  Chancellor  of  the  Empire.  Approval 
of  the  appointment  of  a  substitute  may  be  revoked  at 
any  time  by  the  Chancellor  of  the  Empire. 


Chapter  II. 
Agents. 

§11. 

Any  person  desiring  to  co-operate  in  a  business  of 
the  kind  described  in  section  1,  in  the  way  of  preparing, 
negotiating,  or  concluding  a  forwarding  contract  (agent), 
must  have  permission  therefor. 

§12. 

Permission  is  granted  by  the  higher  Government 
authorities. 

§13. 

Permission  may  be  granted  only  to  such  German 
subjects  as  have  tlieir  place  of  business  or  their  resi- 
dence in  the  district  of  the  higher  Government  authority 


GERMANY 


217 


(§  12),  and  are  authorized  by  power  of  attorney  from  an 
admitted  manaofer. 

Even  though  the  alcove  conditions  are  fulfilled, 
permission  may  be  withheld  if : 

(a)  Facts  are  discovered  which  prove  the  applicant's 
unreliability  in  respect  to  the  intended  business  ; 

(b)  A  number  of  persons  fulfilling  the  conditions 
prescribed  by  the  law  have  already  received  permission 
to  carry  on  or  extend  the  business  of  an  emigration 
agent  within  the  Government  jurisdiction  of  the  district 
in  question  (§  15). 

§14. 

Before  permission  is  granted,  the  applicant  must 
give  security  in  the  sum  of  at  least  1500  marks. 

§  15. 

The  permission  empowers  the  agent  to  carry  on  his 
business  in  the  district  within  the  jurisdiction  of  which 
such  permission  has  been  granted,  if  not  restricted  to  a 
part  thereof ;  on  an  understanding,  however,  with  said 
jurisdiction,  he  may  extend  his  business  to  neighbouring 
districts  upon  permission  of  the  higher  authorities  in 
those  districts. 

§16. 

The  agent  may.  not  transact  any  business  of  the 
kind  designated  in  section  11  for  others  than  the 
managers  named  in  the  permit  certificate,  nor  on  his 
own  account. 


218    THE  PROBLEM  OF  THE  IMMIGRANT 


§17. 

The  agent  is  prohibited  from  carrying  on  his  business 
in  branch  establishments,  or  in  travelling  about. 

§  18. 

The  permission  granted  to  the  agent  may  at  any 
time  be  restricted  or  revoked. 

The  permission  must  be  revoked  if : 

(a)  The  requirements  of  section  13  are  no  longer 
complied  with ; 

(b)  Facts  are  discovered  which  show  unreliability  of 
the  agent  in  respect  to  the  carrying  on  of  the  business ; 

(c)  The  entire  security  or  a  part  thereof  has  been 
employed  to  meet  claims  thereon,  and  has  not  been 
furnished  anew  or  the  deficiency  made  up  within  four 
weeks  after  the  demand  therefor. 


Chapter  III. 

Regulations  in  Common  for  Managers  and  Agents. 

§20. 

The  securities  given  by  managers  and  agents  are 
held  as  guarantee  for  payment  of  all  liabilities  incurred 
in  the  carrying  on  of  the  business  towards  the  authorities 
and  the  emigrants,  as  also  for  the  payment  of  fines  and 
costs. 

§21. 

More  detailed  regulations  are  issued  by  the  Govern- 
ment as  to  the  carrying  on  of  the  business  by  managers 


GERMANY 


219 


and  agents,  and  as  to  the  supervision  thereof,  in  par- 
ticular as  to  : 

(a)  Books,  lists,  statistics,  and  other  records  which 
shall  be  kept,  also  the  forms  of  contract ; 

(b)  The  manner  and  form  of  security  and  the 
conditions  relating  to  the  liability,  the  completion  of 
the  amount  and  the  return  of  the  security,  all  of  which 
are  noted  in  the  certificate  of  appointment. 


Chapter  IV. 

General  Regulations  regarding  the  Forwarding  of 

Emigrants. 

§22. 

The  manager  may  forward  an  emigrant  only  upon 
the  terms  of  a  written  contract  previously  concluded. 

Emigrants  may  not  be  laid  under  obligation  to 
repay  the  cost  of  forwarding,  or  a  part  thereof,  or 
advance  loans  made  to  them,  after  their  arrival  at  the 
place  of  destination,  either  in  money  or  labour  ;  neither 
may  they  be  restricted  in  their  choice  of  their  place 
of  sojourn,  or  their  employment  in  the  country  of 
destination. 

§23. 

The  forwarding  of  emigrants,  as  well  as  conclusion 
of  contracts  to  forward,  is  prohibited  in  the  case  of : 

(a)  Such  as  are  liable  to  military  service  from  the 
seventeenth  completed  year  of  age  to  the  twenty-fifth 
completed  year,  before  they  have  a  discharge  certificate 
(§  14  of  the  law  on  the  acquisition  and  the  loss  of 


220    THE  PROBLEM  OF  THE  IMMIGRANT 

rights  as  subject,  of  June  1,  1870),  or  have  shown  a 
certificate  from  the  recruiting  commission,  proving  that 
there  is  no  obstacle  in  the  way  of  their  emigration  in 
respect  to  military  service  ; 

(b)  Persons  whose  arrest  or  detention  is  ordered  by 
court  or  police  authorities  ; 

(c)  German  subjects  the  cost  of  forwarding  whom 
has  been  wholly  or  partially  paid,  or  advanced,  by 
foreign  Governments  or  colonization  companies.  The 
Chancellor  of  the  Empire  may  make  exceptions  from 
this  rule. 

§24. 

Emigrants  who  are  not  provided  with  the  certificate 
called  for  by  section  23,  or  who  belong  to  the  classes  of 
persons  designated  in  that  section  under  (b)  and  (c),  can 
be  prevented  from  leaving  the  Empire  by  the  police 
authorities. 

The  police  authorities  in  sea-ports  are  authorized  to 
prevent  the  embarkation  by  managers  of  persons  whose 
forwarding  is  prohibited  by  this  law. 


Chapter  V. 

Special  Regulations  for  Transmarine  Emigration 
TO  Non-European  Countries. 

§25. 

Contracts  for  the  transmarine  forwarding  of  emi- 
grants must  provide  for  the  forwarding  and  maintenance 
of  the  same  as  far  as  the  port  of  debarkation  in  non- 
European  countries.     They  are  to  be  extended  for 


GERMANY 


221 


further  forwarding  and  maintenance  from  the  port  of 
debarkation  to  the  goal  of  emigration  in  so  far  as  this 
is  made  conditional  in  the  granting  of  the  permission 

If  the  ship  is  to  be  boarded  or  changed  in  a  non- 
German  port,  this  fact  must  be  mentioned  in  the 
following  contract. 

§26. 

The  sale  of  passenger  tickets  to  emigrants  for  further 
forwarding  from  a  transmarine  place  is  prohibited. 

This  prohibition  does  not  apply  to  contracts  whereby 
managers  (§1)  bind  themselves  for  further  forwarding 
from  the  transmarine  port  of  debarkation. 

§27. 

The  manager  is  bound  to  provide  emigrants  with 
accommodation  and  food,  without  additional  payment, 
at  the  place  designated  for  their  embarkation  or  further 
forwarding,  in  case  of  any  delay  for  which  the  emigrants 
are  not  to  blame,  from  the  day  fixed  in  the  contract  as 
the  date  of  forwarding. 

§28. 

If  the  delay  lasts  longer  than  a  week,  the  emigrant 
has  the  right,  without  prejudice  to  his  possible  title  to 
damages,  to  withdraw  from  the  contract,  and  to  demand 
restitution  of  the  passage  money  paid, 

§  29. 

Restitution  of  the  passage  money  may  also  be  de- 
manded if  the  emigrant,  or  a  member  of  the  family 


222    THE  PROBLEM  OF  THE  IMMIGRANT 


accompanying  him,  dies  before  starting  on  the  voyage, 
or  if  it  is  proved  that  illness  or  other  circumstances 
beyond  his  control  prevent  his  undertaking  the  voyage. 

Should  the  emigrant  or  any  of  his  family  be  pre- 
vented from  continuing  the  journey  from  a  transmarine 
port  of  debarkation,  he  may  demand  restitution  of  the 
money  paid  to  cover  forwarding  over  the  further 
distance  (§  2G). 

Half  the  amount  of  the  passage  money  may  be 
demanded  if  the  emigrant  withdraws  from  his  contract 
for  other  reasons  before  setting  out. 

§30. 

If  the  ship  is  prevented  from  continuing  its  voyage 
by  an  ocean  accident  or  other  circumstance,  the  manager 
is  bound  (§  1)  to  give  the  emigrants  appropriate  accom- 
modation and  food,  without  additional  payment,  and 
to  bring  about  as  soon  as  possible  the  forwarding  of 
the  emigrants  and  of  their  luggage  to  the  place  of 
destination. 

§31. 

Agreements  contrary  to  the  provisions  of  sections 
27  to  30  have  no  legal  value. 

§32. 

The  manager  may  be  bound  to  deposit,  to  cover  the 
obligations  arising  to  him  from  sections  27  to  30,  a  sum 
of  money  exceeding  the  passage  price  by  half  its 
amount,  or  insurance  corresponding  to  such  amount. 


GERMANY 


223 


§33. 

The  manager  must  look  to  it  that  the  ship  by  which 
the  emigrants  are  to  be  forwarded  is  thoroughly  sea- 
worthy and  properly  fitted  out  and  provisioned  for  the 
voyage. 

The  same  obligation  rests  upon  the  commander  of 
the  ship, 

§34. 

Every  emigrant-ship  is  subject,  before  sailing,  to  an 
examination  as  to  its  seaworthiness,  arrangement,  equip- 
ment, and  provisioning. 

This  examination  is  made  by  official  inspectors 
appointed  by  the  Government. 

§35. 

Before  departure  of  the  ship,  the  physical  condition 
of  the  emigrants  and  of  the  crew  must  be  examined  by  a 
physician  appointed  by  the  emigration  authorities  (§  40). 

§36. 

The  Government  issues  regulations  as  to  the  quality, 
arrangement,  equipment,  and  provisioning  of  emigrant- 
ships,  the  official  inspection  and  control  of  such  ships, 
the  medical  examination  of  the  passengers  and  crew 
before  embarkation,  the  exclusion  of  sick  persons,  the 
procedure  at  embarkation,  and  the  protection  of  emi- 
grants in  respect  to  health  and  morals. 

The  regulations  issued  by  the  Government  shall  be 
published  in  the  "Government  Law"  journal,  and  be 
laid  before  the  I'arliament  at  its  next  session  for 
cognizance. 


224    THE  PROBLEM  OF  THE  IMMIGRANT 


§37. 

In  the  meaning  of  this  law  all  such  ocean  vessels 
destined  for  non-European  ports  as  carry  besides  cabin 
passengers  at  least  twenty-five  other  passengers,  are 
considered  as  emigrant  ships. 


Chapter  VI. 
Emigration  Authorities. 
§38. 

For  co-operation  in  the  exercise  of  the  powers 
accruing  to  the  Chancellor  of  the  Empire  in  the  depart- 
ment of  emigration,  a  council  versed  in  the  matter,  and 
consisting  of  a  president  and  at  least  fourteen  members, 
is  formed.  The  president  is  appointed  by  the  Emperor. 
The  members  are  elected  by  the  Government  Council. 
An  election  of  members  takes  place  every  two  years. 
For  the  rest,  the  organization  of  this  assistant  council 
is  regulated  by  the  Government,  and  its  sessions,  etc., 
by  an  order  of  business  of  its  own. 

§39. 

Permission  for  such  undertakings  as  have  in  view 
the  settlement  of  a  certain  tract  of  land  in  transmarine 
countries  cannot  be  granted,  nor  can  the  permission  of 
a  manager  be  limited  or  revoked  until  a  hearing  has 
been  given  before  this  council. 

The  Chancellor  of  tlie  Empire  may  place  the  more 
important  questions  of  emigration  before  this  council  for 


GERMANY 


225 


consideration  and  approval,  and  its  reports  shall  be 
made  to  him. 

§40. 

For  the  supervision  of  the  method  of  emigration  and 
of  the  execution  of  the  regulations  referring  thereto, 
emigration  authorities  must  be  appointed  by  the 
Government  at  those  ports  to  which  managers  are 
admitted. 

§41. 

At  sea-ports  the  Chancellor  of  the  Empire  exercises 
supervision  of  the  method  of  emigration  through 
commissioners  appointed  by  him. 

The  commissioners  are  authorized  to  be  present  at 
the  examinations  provided  for  in  section  34,  and  also  to 
undertake  personal  examination  of  emigrant-ships.  It 
is  their  duty  to  call  the  attention  of  the  land  authorities 
to  the  defects  and  violations  of  regulations  discovered 
by  them,  and  to  urge  suitable  action  in  regard  to 
the  same. 

The  commanders  of  emigrant-ships  arc  bound,  on 
demand  of  the  commissioners,  to  give  truthful  in- 
formation about  all  conditions  of  the  ship  and  its 
voyage,  and  at  any  time  to  grant  admission  to  the 
various  parts  of  the  ship  and  permit  examination  of 
the  ship's  papers. 

In  foreign  countries,  the  duties  of  the  commissioners 
in  regard  to  the  care  and  protection  of  German  emi- 
grants are  performed  by  the  representatives  of  the 
German  Empire,  to  whom,  when  necessary,  special 
commissioners  are  attached  as  assistants. 

Q 


226    THE  PEOBLEM  OF  THE  IMMIGRANT 


Chapter  VII. 
Transportation  from  Non-German  Ports. 
§42. 

By  Imperial  decree,  and  with  the  sanction  of  the 
Government  Council,  regulations  of  the  kind  indicated 
in  section  .30  can  be  issued,  regulating  the  transportation 
of  emigrants  and  passengers  on  German  ships  sailing 
from  non-German  ports. 

Chapter  VIII. 
Penalties. 
§  43. 

Managers  (§1)  who  violate  the  provisions  of  sections 
8,  22,  23,  25,  32,  and  33,  or  the  regulations  made  by 
the  authorities  in  their  districts  relating  to  the  practice 
of  their  business,  are  punished  with  a  fine  of  150  marks 
to  GOOO  marks,  or  with  imprisonment  not  exceeding  six 
months. 

If  the  transgressions  have  been  committed  by  a 
substitute,  then  the  punishment  falls  on  himself,  the 
manager  is  punishable  likewise  if  the  transgressions 
have  been  committed  with  his  previous  knowledge,  or  if 
he  has  been  wanting  in  the  necessary  supervision  over 
his  substitute. 

The  same  punishment  falls  on  commanders  who  fail 
to  meet  the  obligations  imposed  on  them  by  section  33, 
clause  2,  and  section  41,  clause  3,  or  who  violate  the 
regulations  issued  in  conformity  with  section  36,  without 


GERMANY 


227 


regard  to  whether  the  transgression  has  been  committed 
at  home  or  abroad. 

§44. 

Agents  (§11)  who  violate  the  provisions  of  sections 
15,  16,  17,  22  (chxuse  2),  23,  and  25,  or  the  regulations 
made  by  the  authorities  in  their  districts  regarding  the 
practice  of  their  business,  arc  punished  with  a  fine  of 
30  marks  to  3000  marks,  or  with  imprisonment  not  to 
exceed  three  months. 

§45. 

Any  person  who  forwards  emigrants  without  per- 
mission, as  required  by  sections  1  and  11,  or  takes  part 
in  such  business,  is  punished  with  imprisonment  for  not 
more  than  one  year,  or  with  a  fine  of  not  more  than 
6000  marks,  or  with  both  imprisonment  and  fine. 

The  same  punishment  falls  upon  any  one  attempting 
to  drum  up  emigrants. 

§46. 

Any  one  who  violates  section  26,  clause  1,  is 
punishable  with  a  fine  of  not  more  than  150  marks, 
or  with  imprisonment. 

§47. 

Any  one  who  violates  the  regulations  issued  under 
section  42  is  punisliablc  with  a  fine  of  150  marks  to 
GOOO  marks,  or  with  imprisonment  for  not  more  than 
six  mouths. 


228    THE  PROBLEM  OF  THE  IMMIGRANT 


§  48. 

Any  one  who  induces  a  female  to  emigrate  with  the 
purpose  of  giving  her  over  to  professional  prostitution, 
by  means  of  crafty  concealment  of  this  purpose,  is 
punished  with  imprisonment  not  exceeding  five  years, 
loss  of  his  rights  as  a  citizen,  and  a  fine  of  150  marks 
to  6000  marks,  and  continuous  police  surveillance  may 
also  be  imposed. 

These  same  penalties  are  applicable  to  any  person 
who,  with  knowledge  of  the  purpose  of  emigration, 
intentionally  promotes  a  female's  emigration.  If  there 
are  mitigating  circumstances,  imprisonment  for  not  less 
than  three  months  is  imposed,  in  addition  to  which  a 
fine  of  150  marks  to  6000  marks  may  be  demanded. 


Cliapter  IX. 
Concluding  Provisions. 
§  49. 

The  terms  "  higher  administrative  authority,"  "police 
authority,"  etc.,  used  herein  will  be  explained  by  the 
central  authority  of  the  Government  Council. 

§50. 

This  law  becomes  effective  April  1,  1898.  At  the 
same  time,  all  permissions  granted  on  the  legal  Govern- 
ment regulations  for  the  forwarding  of  emigrants  or  the 
co-operation  in  such  forwarding  are  cancelled. 


GERMANY 


229 


REGULATION  OF  MARCH  14,  1898, 
In  Execution  of  the  Law  of  June  9,  1897. 
Article  I. 

Operations  of  the  Business  of  Emigration. 

§1. 

Every  manager  is  bound  to  make  out  a  list  of  the 
emigrants  forwarded  by  him  on  each  ship,  according  to 
an  officially  prescribed  formula. 

§2. 

Two  transcripts  of  the  list  mentioned  in  the  pre- 
ceding section  must  bo  furnished  by  the  manager  to  the 
emigration  authorities  within  two  days  after  the  sailing 
of  the  emigrants. 

In  non-German  ports,  when  German  emigrants,  ur 
such  as  have  come  over  Germany,  are  forwarded,  this 
list  shall  be  given  to  the  German  consul. 

§3. 

Tlic  imperial  commissioner  for  emigration  has  the 
right  to  inspect  the  ship's  log-book  at  any  time. 

§4. 

The  manager  may  forward  emigrants  only  on  the 
basis  of  a  previously  concluded  contract  in  the  German 
language.  Translations  into  foreign  languages  may  be 
added  to  the  contract. 


230    THE  PROBLEM  OF  THE  IMMIGRANT 


§5. 

This  section  provides  that  contracts  with  emigrants 
who  are  to  be  forwarded  from  a  German  port,  without 
change  of  vessel,  to  a  non-European  port,  shall  contain 
all  the  information  required  by  the  German  law  and 
regulations  in  regard  to  the  manager  and  the  party  with 
whom  the  contract  is  concluded.  This  information  is  in 
detail,  describing  the  person  carried,  the  price  paid  for 
passage,  and  the  rights,  privileges,  and  accommodations 
to  be  given.  It  also  states  in  detail  the  liability  of  the 
transportation  agent,  and  cites  the  law  in  regard  to  these 
matters. 

§6. 

This  paragraph  prescribes  the  form  of  contract  in 
case  the  transportation  is  over  a  German  port  with- 
out change  of  ship  to  a  non-European  port,  for  the 
passenger's  further  transportation  and  maintenance,  or 
where  the  further  transportation  of  the  passenger  from 
the  non-European  port  of  debarkation  to  the  emigrant's 
point  of  destination  is  undertaken. 

§7. 

This  section  provides  for  contracts  with  passengers 
who,  coming  from  or  over  Germany,  proceed  by  ship  or 
railway  to  a  non-German  port,  in  order  to  be  transported 
thence  to  a  non-European  country. 

§8 

If,  in  transportation  of  the  kind  designated  in  para- 
grapli  7,  the  further  transportation  and  maintenance,  or 


GERMANY 


231 


only  the  further  transportation  of  emigrants  from  the 
non-European  port  of  debarkation  as  far  as  the  destina- 
tion of  the  emigrant  is  undertaken,  then  the  regulations 
of  section  7  serve  therefor,  with  the  addition,  however, 
that  the  obligation  of  the  manager  provided  therein 
to  care  for  the  transportation  of  the  passenger  shall  be 
undertaken  not  only  up  to  the  landing  of  the  passenger, 
but  to  the  final  destination  of  the  emigrant.  (Certain 
additional  details  are  here  prescribed  covering  the  above 
points.) 

§9. 

This  section  provides  for  the  form  of  contract  made 
for  the  transportation  of  emigrants  across  the  ocean  to  a 
non-German  place  in  Europe. 

§§  10  to  15,  inclusive, 

concluding  Article  I.,  set  forth  the  relations  of  the 
manager  to  the  German  Government,  and  prescribe  the 
manner  in  which  his  obligations  shall  be  fulfilled. 

Article  II. 
Business  of  the  Agents. 

§§  IG  to  22,  inclusive, 

comprising  the  whole  of  Article  II.,  prescribe  the  form 
of  receipts  to  be  given  to  the  passenger  by  the  manager 
or  agent,  and  require  that  these  records  shall  be  open 
at  all  times  to  the  inspection  of  Government  officials. 


232    THE  PROBLEM  OF  THE  IMMIGRANT 


Article  III. 

Regulations  in  Common  for  the  Business  of 
Emigration  Manager  and  Agent. 

§23. 

Managers  must  inform  their  agents,  their  foreign 
managers,  or  empowered  substitutes,  of  the  exact  price 
of  transportation.  To  empowered  attorneys  as  to 
agents,  it  is  forbidden  to  charge  the  emigrant  higher 
rates  than  those  fixed  by  the  manager. 

§24. 

Managers  shall  copy  all  letters  directed  by  them  to 
agents  and  emigrants.  The  same  regulation  serves  for 
agents  in  regard  to  communications  addressed  by  them 
to  the  managers  or  emigrants. 

The  emigrant  lists,  the  copies  of  receipts  and  entire 
correspondence,  shall  be  kept  in  exact  progressive  order 
of  time  for  three  years  after  the  last  entry,  or  after 
receipt  or  despatch  of  letters,  and  be  shown  on  demand 
to  the  Government  commissioner  of  emigration,  the 
emigration  authorities,  and  the  local  police  authorities 
in  the  place  where  the  business  or  residence  of  the 
manager  or  agent  is  situated. 

§25. 

The  higher  Government  authorities  have  the  right 
to  forbid  to  managers  and  agents  the  advertisement  of 
their  business  by  means  of  posters  in  public  places  for 
the  entire  extent  of  their  districts  or  for  single  parts 
thereof. 


GEEMANY 


233 


In  advertisements,  prospectuses,  and  circulars,  the 
road  by  which  the  emigrants  are  to  be  transported  must 
be  expressly  and  accurately  designated ;  if  a  change  of 
ship  is  to  take  place,  this  must  also  be  stated. 

§§  26  to  31,  inclusive. 

These  sections  regulate  the  character  of  the  security 
to  be  given  by  persons  conducting  an  emigration 
business,  and  provide  for  the  handling,  appropriation,  or 
return  of  the  security  under  the  varying  circumstances 
described  in  the  law. 


CHAPTER  XIII 


ITALY 

The  area  of  Italy  is  about  111,000  square  miles, 
and  the  present  population  is  estimated  to  be  about 
33,000,000,  or  300  to  the  square  mile.  The  population 
increases  at  the  rate  of  a  trifle  over  one-half  of  one 
per  cent,  a  year.  At  least  one-third  of  the  population  is 
engaged  in  agricultural  pursuits. 

There  is  practically  no  restraint  upon  immigration 
into  Italy,  while  emigration  is  controlled  in  detail  by 
the  Italian  Government,  largely,  however,  for  the 
benefit  of  the  emigrants  themselves.  No  Italian  can 
leave  his  country  without  a  permit  issued  by  the 
Government.  Minors  must  have  the  consent  of  parents 
or  guardians.  Males  between  the  ages  of  eighteen  and 
nineteen  must  obtain  permission  to  depart  from  the 
military  authorities,  and  must  agree  to  return  to  Italy 
and  perform  their  military  service  when  called  upon, 
or  else  forfeit  their  citizenship.  Permission  to  emigrate 
is  also  required  for  soldiers  on  leave  of  absence  or 
those  enlisted  in  the  reserve  of  the  first  line.  Military 
permission  is  not  necessaiy  for  those  in  the  second  and 
third  reserves.  No  emigration  is  allowed  to  a  foreign 
country  unless  a  movement  of  Italian  citizens  to  that 
country  is  consented  to  by  the  Italian  Government. 

In  the  past  twenty-five  years  there  has  been  an 


ITALY 


235 


enormous  emigration  from  Italy.  It  was  estimated  iu 
1901  that  3,500,000  Italians  were  living  abroad.  Of 
these,  734,000  were  in  the  United  States,  11,000  in 
Canada,  1,852,000  in  South  America,  168,000  in  Africa, 
and  645,000  were  scattered  throughout  the  European 
countries.  During  the  past  five  years  the  emigration 
movement  has  gained  great  headway,  now  reaching  an 
annual  total  of  over  500,000.  The  greatest  number  go 
to  the  United  States,  the  movement  to  that  country  in 
1904  being  about  200,000.  Of  Italians  who  emigrate  a 
large  percentage  return  to  their  homes,  generally  with 
money  saved  up  as  the  result  of  a  season  of  profitable 
employment.  About  37  per  cent,  of  those  who  go  to 
the  United  States  come  back  to  Italy,  and  nearly  70 
per  cent,  of  those  who  go  to  Argentina.  During  the 
past  two  years  the  movement  of  Italian  citizens  from 
Central  and  South  America  has  been  very  much  greater 
than  the  new  emigration  to  those  countries. 

The  larger  part  of  the  permanent  emigration  from 
Italy  is  from  the  southern  part  of  the  country,  and  is 
duo  to  the  thoroughly  bad  economic  conditions  which 
have  prevailed,  and  which  result  in  great  distress  to  the 
peasant  classes.  Higli  taxes,  local  import  duties,  high 
rate  of  exchange,  dishonest  local  administration,  and 
other  causes  have  made  agriculture  unprofitable  on  the 
large  holdings  into  which  Southern  Italy  is  divided. 
These  causes  induce  emigration,  which  has  gathered 
momentum  through  force  of  example  and  through  the 
encouragement  of  those  already  estai)lished  in  foreign 
countries.  The  larger  the  emigration,  the  worse  the  con- 
dition  of  those  left  l)ehind  and  the  greater  effort  made 
])y  others  to  leave  the  country.  Agricultural  wages  are 
almost  infinitesimal,  and  the  people  have  been  literally 
starved  out.    Conditions  are  slowly  becoming  better, 


236    THE  PROBLEM  OF  THE  IMMIGRANT 

l)ut  in  the  mean  time  many  districts  of  Southern  Italy 
have  become  almost  depopulated.  The  contadino,  or 
Italian  peasant,  lives  in  a  miserable  hovel,  keeps  life 
within  himself  and  his  family  by  the  veriest  subterfuge, 
and  what  he  can  dig  from  the  ground  is  generally  the 
limit  of  his  bill  of  fare.  Meat  is  incredibly  scarce,  and 
even  salt,  that  most  necessary  and  generally  the  cheapest 
article  of  diet  in  other  countries,  is  so  heavily  taxed  as 
to  be  beyond  the  reach  of  the  slender  purse  of  the 
peasant.  Little  or  no  attempt  at  education  is  made 
in  the  rural  districts,  and  the  peasant's  mental  state  is 
generally  as  deplorable  as  is  his  physical  condition. 
The  diseases  of  the  underfed  and  impoverished  are  rife 
among  them,  draining  their  physical  powers,  threatening 
the  vitality  of  rising  and  unborn  generations,  and  a 
menace  to  the  entire  world  through  their  dangerously 
infectious  character. 

The  Italian  peasant  is  fully  aware  of  the  advantages 
offered  in  other  countries,  for  many  of  his  relatives  and 
friends  have  gone  before  and  are  constantly  urging  him 
to  follow,  supplementing  their  advice  with  financial 
assistance.  At  least  £4,000,000  sterling  is  sent  from 
the  United  States  to  Italy  each  year  by  Italians  in 
that  country  to  relatives  and  friends  at  home,  and  the 
larger  part  of  this  money  is  used  to  promote  emigra- 
tion. In  the  past  two  years  and  a  half  162,000  emigrants 
have  left  Italy  on  tickets  paid  for  and  sent  to  them  by 
relatives  or  friends  abroad.  There  is  nothing  to  hold 
the  Italian  peasant  in  Italy  if  he  can  effect  an  escape 
to  a  foreign  country  where  conditions  are  more  favour- 
able to  his  existence.  There  is  no  religious  or 
})olitical  persecution,  the  oppression  arising  almost 
entirely  from  economic  conditions,  but  these  are  all- 
compelling. 


ITALY  237 

These  conditions  prevail  in  Southern  Italy  rather 
than  in  the  northern  portion.  Emigration  is  large  from 
the  last-named  section,  but  it  is  of  a  more  temporary- 
character,  and  a  far  greater  percentage  of  those  who 
emigrate  return  to  their  homes  in  improved  financial 
circumstances  than  is  noted  of  the  emigration  from  the 
south.  Northern  Italy  is  a  country  of  smaller  land 
holdings,  and  a  larger  numl)er  of  independent  land- 
holders than  Southern  Italy.  In  the  latter  section 
larixe  estates  are  the  rule,  and  this  condition  has  not 
been  favourable  to  the  peasantry.  The  Italian  Govern- 
ment is  doing  what  it  can  under  the  circumstances  to 
make  life  more  bearable  for  the  lower  classes,  but  there 
are  political  and  financial  handicaps  which  render  pro- 
gress slow.  It  has  been  proposed  that  a  Land  Purchase 
Act  similar  to  that  now  in  force  in  Ireland  should  be 
applied  to  Southern  Italy,  and  this  may  materialize 
within  a  reasonable  time.  In  the  mean  time,  educational 
facilities  have  been  improved  in  towns  and  cities,  and 
steps  are  now  being  taken  to  give  the  peasants  of  the 
agricultural  districts  some  opportunity  to  educate  their 
children.  It  does  not  seem  probable  that  emigration 
from  Italy  will  decrease  to  any  great  extent  for  some 
time,  for  it  will  take  years  to  correct  these  evils  of  long 
standing,  and  to  bring  about  a  revulsion  of  sentiment 
in  favour  of  remaiuing  at  home. 

Notwithstanding  the  large  emigration,  the  population 
of  Italy  is  increasing  annually,  for  the  race  is  i)rolific, 
and  poverty  seems  to  serve  as  little  (-heck  upon  the 
birth-rate.  This  increase,  however,  is  largely  in  the 
cities  and  towns,  aijd  df)es  not  furnish  as  desirable  a 
class  of  emigrants  as  when  th(>.  movement  was  recruited 
from  the  agricultural  districts.  Three  or  four  thousand 
Italians  take  up  their  permanent  resitlcnce  in  the  United 


238    THE  PROBLEM  OF  THE  IMMIGRANT 


Kingdom  in  each  year,  but  it  is  not  a  favourite 
place  to  which  to  emigrate  for  these  people  of  the 
South. 

The  emigration  law  of  Italy  is  the  most  paternal  in 
its  character  of  any  legislation  of  its  kind.  To  stop 
emigration  from  Italy  by  imposing  any  legal  restrictions 
would  be  a  practical  impossibility.  Even  with  a  law 
which  enters  into  the  minutest  details  of  the  emigration 
traffic,  controlling  and  restraining  not  only  the  emigrant 
himself,  but  the  agent,  the  transportation  company,  the 
banker  and  the  merchant  having  anything  to  do  directly 
or  indirectly  with  the  emigrant,  no  apparent  check  has 
been  placed  upon  the  outward  movement  of  pojDulation, 
except  that  which  has  resulted  from  the  immigration 
restriction  laws  of  foreign  countries  in  forcing  Italians 
to  remain  at  home  or  to  change  their  country  of 
destination. 

The  emigration  law  of  Italy  was  enacted  in  January, 
1901,  and  was  the  first  emigration  law  of  Europe  to 
undertake  entire  direction  of  an  emigration  movement, 
including  supervision  over  transportation  and  extending 
protection  to  the  Italian  citizen  abroad.  The  Italian 
law  has  since  served  as  a  foundation  for  the  legislation 
of  Hungary,  the  proposed  law  in  Austria,  and  in  all 
probability  marks  an  era  of  emigration  control  which 
will  influence  in  time  the  course  of  every  European 
Government.  The  general  provisions  of  the  law  define 
the  military  obligation  to  the  State,  give  the  Govern- 
ment the  power  to  prevent  emigration  to  any  country 
where  conditions  are  unfavourable  to  the  welfare  of  Italian 
citizens,  and  pay  special  attention  to  the  protection  of 
minors  who  may  be  induced  or  compelled  to  emigrate 
by  those  who  intend  to  profit  from  their  labour.  Pro- 
visions are  made  whereby  every  emigrant  is  compelled 


ITALY 


239 


to  have  a  permit  or  passport  before  lie  can  depart,  but 
every  facility  is  provided  for  securing  these  papers  from 
the  authorities  free  of  cost  to  the  applicant,  and  few 
restrictions  are  imposed  upon  their  issue. 

An  emigrant  is  held  to  be  any  one  who  travels  third 
class,  or  in  a  class  equivalent  to  the  same,  to  a  country 
beyond  the  Suez  Canal,  excluding  the  Italian  colonies 
and  protectorates,  or  beyond  the  Straits  of  Gibraltar, 
excluding  the  coast  of  Europe.  This  limited  application 
of  the  term  "emigrant"  excludes  Italian  aliens  arriving 
in  the  United  Kingdom  from  many  far-reaching  provi- 
sions of  the  Italian  emigration  law,  such  as  the  return 
to  Italy  of  citizens  found  destitute  in  foreign  countries. 
Foreign  emigrants  sailing  from  Italian  ports  are  treated 
as  Italians  except  that  they  are  not  entitled  to  assistance 
from  the  Italian  bureaus  abroad. 

Emigration  affairs  are  under  the  direction  of  the 
Italian  Foreign  Office,  and  the  organization  of  the  service 
provides  for  a  Commissioner  of  Emigration  assisted  by 
three  other  commissioners.  A  Council  of  Emigration 
acts  in  advisory  capacity  to  the  executive  force.  All 
the  different  departments  of  the  Government  are 
represented  in  this  council. 

The  law  provides  for  inspectors  of  emigration  at 
Genoa,  Naples,  Palermo,  and  other  towns  where  such 
officials  are  deemed  necessary.  In  all  centres  of  emigra- 
tion a  local  and  unpaid  committee,  recruited  from  among 
the  local  officials,  acts  as  a  sort  of  court  to  decide 
emigration  questions  which  may  arise,  and  to  which  is 
referred  cases  which  must  be  arbitrated. 

Foreign  bureaus  are  created  in  countries  to  which 
Italian  emigrants  are  going  in  large  numbers,  such 
bureaus  to  take  necessary  action  for  the  prot(!ction  of 
Italian  immigrants  and  to  act  as  employment  agencies. 


240    THE  PROBLEM  OF  THE  IMMIGRANT 


Ti-cavelling  inspectors  are  appointed  for  trans-oceanic 
countries. 

No  person  is  allowed  to  engage  in  the  business  of 
emigration  or  ticket-selling  without  a  Government 
licence,  or  without  giving  bonds  as  security  against 
violation  of  the  law  and  against  damages  claimed  by 
emigrants.  When  the  law  of  1901  went  into  effect, 
there  were  over  7000  emigration  agents  at  work  in 
Italy.  Great  care  was  exercised  in  the  issuing  of 
licences,  and  competition  in  the  business  is  now  reduced 
to  the  minimum,  so  that  emigration  may  not  be  unduly 
incited.  Foreign  companies  can  only  do  business  in 
Italy  after  appointing  an  Italian  citizen  as  a  representa- 
tive, who  shall  reside  in  the  kingdom  and  be  subject  to 
the  Italian  law. 

The  amount  of  passage  money  to  be  charged  an 
emigrant  must  be  approved  by  the  Emigration  Com- 
missioner. The  rates  are  fixed  in  November,  March, 
and  July,  after  a  conference  and  a  subsequent  agreement 
between  the  Government  officials  and  the  transportation 
representatives.  Any  transportation  company  charging 
an  emigrant  more  than  the  price  which  has  been  fixed 
l)y  the  Government  forfeits  its  licence  to  do  business. 
Should  the  transportation  companies  effect  a  combine 
and  refuse  to  carry  emigrants  at  the  price  fixed  by  the 
Government,  the  emigration  officials  are  authorized  to 
make  special  concessions  to  other  lines  or  to  arrange  for 
the  transhipment  of  Italian  emigrants  through  other 
Euro])ean  ports.  Transportation  companies  are  held 
responsible  for  the  actions  of  their  agents  and  employees, 
and  all  others  are  prohibited  from  acting  directly  or 
indirectly  in  securing  emigrant  traffic. 

Transportation  companies  and  their  agents  are  for- 
bidden to  incite  emigration.     The  dissemination  of 


ITALY 


241 


misleading  statements  is  punished  by  heavy  fine  and 
imprisonment.  All  advertisements  of  transportation 
companies  must  indicate  the  size  and  speed  of  the 
steamer,  the  date  of  the  sailing,  the  ports  called  at 
en  route,  and  the  duration  of  the  voyage. 

Colonization  enterprises  are  allowed  under  cer- 
tain conditions,  but  must  always  be  approved  by  the 
Government. 

No  tickets  can  be  delivered  to  emigrants  until  the 
latter  produce  their  Government  passports  entitling 
them  to  leave  the  country.  Transportation  companies 
or  their  agents  are  forbidden  to  receive  any  compen- 
sation from  emigrants  over  and  above  the  amount  to  be 
paid  for  the  passage.  Emigrants  who  are  refused 
passage  abroad  at  the  port  of  embarkation  must  be 
returned  to  their  place  of  origin  at  the  expense  of  the 
transportation  companies.  Any  delays  for  which  the 
railways  or  transportation  companies  are  responsible 
entitle  the  emigrant  to  full  subsistence  during  the 
period  of  delay,  and  to  a  certain  allowance  per  diem  as 
compensation.  The  transhipment  of  emigrants  in 
foreign  ports  on  this  side  of  the  Atlantic  is  forbidden, 
and  it  is  also  forbidden  to  forward  emigrants  for  ship- 
ment in  any  foreign  port. 

The  transportation  companies  are  held  responsible 
for  damages  to  the  emigrant  if  the  latter  is  refused  a 
landing  at  the  port  of  destination  by  reason  of  immigra- 
tion laws  being  in  force  at  that  port,  if  the  emigrant 
can  prove  that  the  transportation  company  was  aware, 
before  his  sailing,  of  the  circumstances  which  would 
determine  his  rejection. .  All  transportation  companies 
calling  at  an  Italian  port  on  their  homeward  voyage 
are  required  to  bring  back  not  exceeding  thirty  indigent 
Italians  at  the  rccjuest  of  a  consular  ollicer  abroad,  an 

R 


242    THE  PROBLEM  OF  THE  IMMIGRANT 


allowance  of  two  lire  a  day  being  made  to  the  company 
for  the  maintenance  of  each  passenger. 

Each  transportation  company  is  required  to  pay 
into  the  public  treasury  eight  lires  for  every  adult 
emigrant,  four  lires  for  a  half-fare,  and  two  lires  for  a 
quarter-fare.  All  income  from  licences,  duties,  fines,  or 
other  special  payments  made  under  the  emigration  law 
is  applied  to  an  emigration  fund,  which  is  expended  in 
carrying  on  the  service.  Heavy  fines  and  penalties 
are  provided  for  violations  of  the  law  or  of  the  rules 
and  regulations  subsequently  issued  by  decree.  Wide 
authority  is  given  the  Emigration  Council  in  the 
makino-  of  rules  and  reoulations  for  the  control  of 
emi  D-ration  traffic  in  all  its  features. 

The  by-laws  providing  for  carrying  the  law  into 
effect  are  most  complete  and  detailed,  requiring  nearly 
two  hundred  articles  to  set  them  forth.  No  steamer 
can  be  used  as  an  emigrant-ship  until  all  the  regulations 
regarding  hygiene,  safety,  speed,  and  the  allotment  of 
proper  space  for  berths  have  been  complied  with,  and  a 
permit  issued  by  special  commission  of  examiners.  The 
quality  and  quantity  of  food  for  emigrants  are  also 
fixed  by  law,  and  no  steamer  can  sail  without  under- 
jjoinof  a  medical  and  an  administrative  examination  to 
assure  compliance  with  every  detail  of  the  law. 

Every  steamship  company  must  pay  the  salary  and 
expenses  of  a  Government  commissioner,  generally  a 
surgeon  of  the  Royal  Navy,  who  sails  with  each  boa 
carrying  emigrants,  and  whose  duty  it  is  to  look  afte 
hygienic  conditions  and  see  that  the  law  is  observed. 

It  being  impossible  and  perhaps  undesirable  for  th 
Italian  Government  to  check  to  any  marked  degree  th 
great  annual  emigration  from  Italy,  the  only  course  has 
been  adopted  which  seemed  to  present  itself,  not  only 


ITALY 


243 


for  the  benefit  of  the  State,  but  for  the  protection  of 
Italian  citizens.  In  order  that  the  great  tide  of  emigra- 
tion shall  flow  to  proper  places,  Italian  consuls  abroad, 
assisted  by  a  staff  of  travelling  emigration  inspectors 
abroad,  gather  information  as  to  labour  conditions  and 
forward  it  to  the  emigration  department  at  Rome.  It 
is  there  printed  in  the  form  of  bulletins  or  circulars,  and 
issued  to  the  local  advisory  committees,  whose  duty  it 
is  to  advise  the  prospective  emigrant  as  to  the  best 
direction  for  him  to  travel. 

The  Italian  Government  receives  many  requests  for 
labourers,  both  from  foreign  Governments  and  from 
contractors.  Under  the  present  law,  an  emigration 
inspector  is  sent  to  make  an  investigation  before  such  a 
request  is  complied  with.  This  system  originated 
in  an  experience  of  several  years  before,  when  the 
Brazilian  Government  offered  free  transportation  from 
Italy  to  Brazil  for  30,000  labourers.  The  offer  was 
accepted,  with  terrible  results  to  the  Italians  who  went 
to  South  America.  Italian  citizens  were  found  in 
practical  slavery,  without  sufficient  food,  and  deprived 
of  the  wages  due  to  them.  The  result  of  this  treatment 
of  Italian  immigrants  by  the  Brazilian  coffee-planters 
has  been  that  the  Italian  Government  now  prohibits  all 
emigration  to  Brazil. 

Special  arrangements  are  made  for  handling  safely 
the  money  sent  back  to  Italy  by  her  sons  abroad.  In 
the  United  States  alone  the  Bank  of  Naples,  the 
recognized  channel  for  handling  these  funds,  has  forty- 
four  Ijranchcs.  There  is  no  possible  way  of  even 
estimating  the  gross  amount  of  money  which  is  sent 
back  to  Italy  by  lier  millions  of  sons  and  daughters 
scattered  throughout  tlie  countries  of  the  world.  This 
estimate  has   l)een    placed   as   high   as  XI  5,000,000 


244    THE  PROBLEM  OF  THE  IMMIGRANT 


sterling,  though  this  is  probably  an  exaggeration.  The 
amount  is  sufficient,  however,  to  form  one  of  the  largest 
cash  items  of  revenue  to  the  Italian  nation,  and  with 
economic  conditions  as  they  are  in  Italy,  this  may 
possibly  be  looked  upon  as  no  small  compensation  for 
the  enormous  loss  to  the  population  through  emigration. 


CHAPTER  XIV 


AUSTRIA-HUNGARY 


While  Austria-Hungary  is  looked  upon  as  a  single 
country  in  considering  the  political  divisions  of  Europe, 
it  is  in  reality  a  dual  form  of  government  for  many 
important  purposes  of  administration.  Austria  and 
Hungary  each  maintains  its  own  Parliamentary  bodies, 
and  each  one  enacts  laws  applicable  to  the  territory 
under  its  jurisdiction  alone.  In  considering  Austria- 
Hungary  from  emigration  and  immigration  standpoints, 
therefore,  it  is  necessary  to  regard  the  two  political 
divisions  of  this  empire  as  separate  countries,  and  treat 
of  each  one  V)y  itself.  There  arc  some  minor  difficulties 
in  so  doing,  especially  in  the  matter  of  statistics ;  and  as 
both  divisions  are  jealous  of  the  rights  and  prosperity 
of  the  empire,  there  is  a  certain  commingling  of  interest 
which  dims  the  line  of  demarkation  l^etween  the  two 
parts.  For  all  practical  purposes,  however,  it  is  possible 
to  assume  that  Austria  is  one  country  and  Hungary 
another,  except  that  no  estimate  of  the  movement  of 
population  between  the.  two  can  be  made. 


246    THE  PROBLEM  OF  THE  IMMIGRANT 


Austria. 

Austria  lias  a  superficial  area  of  113,903  square 
miles,  with  a  total  population  of  26,150,708,  or  226 
per  square  rnile.  Over  half  of  the  population  are 
engaged  in  agriculture  and  forestry.  The  population 
increases  year  by  year  at  a  normal  rate,  there  being  a 
considerable  surplus  of  births  over  deaths.  There  has 
been  a  large  emigration,  especially  in  recent  years,  but 
even  this  has  not  been  sufficient  to  overcome  the  natural 
increase. 

There  is  no  restriction  upon  immigration  into  Austria, 
except  the  usual  police  surveillance  common  to  the 
whole  of  Continental  Europe.  A  passport  or  some  form 
of  identification  is  required  of  a  foreigner  if  his  stay 
in  Austria  exceeds  a  transient  character. 

Up  to  the  present  time  Austria  has  no  emigration 
law,  but  a  measure  is  now  under  consideration  l)y  the 
Austrian  Parliament  which,  if  enacted,  as  is  probal)le, 
will  provide  the  necessary  machinery  for  detailed  super- 
vision of  the  emigration  business  and  the  movement  of 
citizens  from  the  country.  Under  the  old  laws  now  in 
force  every  Austrian  subject  has  the  right  to  emigrate, 
only  limited  by  the  performance  of  military  duty.  No 
passports  are  necessary. 

During  the  past  few  years  emigration  from  Austria- 
Hungary  has  been  very  large.  In  1000  the  annual 
exodus  reached  a  total  of  over  100,000,  and  in  1903 
over  200,000  went  from  Austria-Hungary  to  the  United 
States  alone.  In  addition  to  this  movement,  a  con- 
siderable  number   of  people   move   each   year  into 


AUSTRIA 


247 


neighbouring  European  countries,  especially  to  Rou- 
mania.  The  imperfect  methods  used  in  collecting 
statistics,  and  the  apparent  lack  of  information  on  the 
part  of  Government  officials  in  this  direction,  make  it 
impossible  to  say  just  what  the  annual  emigration  is 
from  Austria-Hungary,  It  may  be  estimated  approxi- 
mately that  emigration  is  equally  divided  between  Austria 
and  Hungary,  and  from  the  figures  furnished  l)y  foreign 
Governments  it  is  evident  that  over  100,000  Austrians 
are  now  leaving  their  native  land  each  year  to  make 
their  homes  elsewhere.  About  4000  Austrian  and 
Hungarian  emigrants  came  to  the  United  Kingdom  last 
year  as  their  country  of  final  destination. 

The  proposed  Austrian  emigration  law  is  constructed 
much  along  lines  similar  to  the  Hungarian  law,  which  is 
given  in  full  elsewhere  in  this  chapter.  There  are  some 
slight  differences,  however,  worthy  of  note.  The  new 
Austrian  measure  suggests  an  entirely  new  definition  of 
the  word  "  emigrant,"  for  it  says,  "  An  emigrant  is  any 
one  leaving  Austria  to  earn  his  living,  except  those  who 
go  under  contract  for  service  or  lal)our  with  an  Austrian 
employer."  Other  European  countries  define  the  term 
"  emigrant "  as  meaning  one  who  goes  abroad  for  a  long 
and  continuous  residence.  The  fundamental  idea  of 
the  proposed  Austrian  measure  is  evidently  to  control, 
and,  if  possible,  prevent,  all  emigration,  and  to  induce 
those  who  do  go  to  retain  their  Austrian  citizenship 
and  to  continue  to  look  upon  Austria  as  their  home. 

The  Austrian  measure  is  not  so  drastic  as  the 
Hungarian  law  in  the  proposed  control  of  the  details  of 
emigration.  It  is  stricter  in  regard  to  the  protection  of 
young  emigrants  of  both  sexes  on  board  shii).  It  pays 
special  attention  to,  and  imposes  severe  penalties  in,  the 
matter  of  trallicking  in  women  for  immoral  purposes. 


248    THE  PROBLEM  OF  THE  IMMIGRANT 


It  places  the  control  of  agencies  under  the  immediate 
supervision  of  Government  officials,  provides  for  the 
protection  of  Austrians  arriving  in  foreign  countries, 
and  suggests  a  method  for  the  safe  return  and  delivery 
of  all  money  sent  home  by  Austrians  abroad.  The 
same  authority  is  placed  in  the  Ministry  of  the  Interior 
in  regard  to  emigration  as  is  carried  by  the  Hungarian 
law,  and  provision  is  made  whereby  the  Government 
can  direct  emigration  to  its  own  best  advantage.  It 
may  be  stated  that  in  anticipation  of  the  enactment  of 
this  law  the  Austrian  Government  has  already  sent  an 
important  official  to  the  United  States  to  make  a  report 
as  to  the  best  manner  of  protecting  Austrian  emigrants 
on  their  arrival  in  America.  Considerable  space  is  given 
in  the  proposed  law  to  the  control  of  contract  labour  for 
foreign  countries  ;  a  notable  feature  being  the  provision 
making  it  illegal  to  contract  for  labourers  for  a  country 
which  forbids  the  importation  of  contract  labour.  At 
present  the  United  States  and  Australia  are  the  only 
countries  imposing  such  a  restriction  upon  immigration. 

It  is  estimated  that  at  least  £2,000,000  sterling 
is  sent  by  Austrians  from  the  United  States  each  year 
to  assist  friends  or  relatives  to  emigrate,  A  large  per- 
centage of  the  emigrants  are  from  the  agricultural 
class,  and  the  percentage  of  illiteracy  is  high.  Under 
the  new  law  it  will  be  just  as  easy  for  an  undesir- 
al)lc  citizen  to  depart  for  a  foreign  country  as  under 
the  present  regulations. 


HUNGARY 


249 


Hungary. 

Hungary  is  larger  than  Austria,  having  an  area  of 
125,430  square  miles,  but  the  population  is  considerably 
less,  being  only  about  20,000,000.  A  normal  birth-rate 
yields  an  annual  increase  to  the  population  of  about 
one  per  cent.,  notwithstanding  the  large  emigration 
of  recent  years.  Certain  districts  of  Hungary  have 
suffered  severely  from  this  emigration,  however,  be- 
coming almost  depopulated,  and  thus  increasing  the 
economic  difficulties  to  be  met  by  the  Government  in 
its  attempt  to  legislate  for  the  good  of  all  sections. 
Extreme  steps  have  been  taken  to  rehabilitate  places 
where  conditions  were  at  the  worst,  and  for  the  benefit 
of  Transylvania  alone  an  appropriation  of  £8,000,000 
sterling  was  made  not  long  since  to  encourage  industry 
and  furnish  employment  for  the  people. 

Nearly  two-thirds  of  the  population  are  engaged  in 
agriculture.  The  country  contains  a  numlicr  of  different 
races  which  do  not  amalgamate  readily,  and  in  remoter 
regions  conditions  remain  much  as  they  were  a  century 
ago. 

There  is  no  restraint  upon  immigration  into  Hungary, 
except  such  as  has  been  noted  as  in  existence  in  Austria. 
There  has  been  a  considerable  emigration  from  Hungary 
for  many  years  past,  but  this  movement  became  espe- 
cially noticeable  about  five  years  ago.  At  an  early  date 
an  effort  was  made  to  check  the  outward  movement  by 
requiring  passports,  and  forbidding  emigration  agencies 
to  operate  without  a  licence.  This  apparently  had  no 
effect,  for  tlic  Hungarians  left  without  passports,  and  tlic 
emigration  agencies  operated  in  Hungary  through  their 


250    THE  PROBLEM  OF  THE  IMMIGRANT 


Austrian  offices.  The  law  requiring  a  licence  for 
emigration  agencies  was  passed  in  1881,  but  up  to 
1903,  when  the  new  Hungarian  emigration  law  was 
enacted,  not  a  single  agency  had  applied  for  a  licence. 

At  first,  the  principal  cause  of  emigration  was  an 
unfavoura])le  economic  condition  which  prevented  the 
people  from  securing  employment.  The  movement  was 
developed  by  the  encouragement  of  emigration  agents 
and  the  influence  of  those  who  had  gone  before  sending 
back  word  of  the  enviable  conditions  which  existed  in 
foreign  countries  as  compared  with  their  native  land. 
In  March,  1903,  a  law  was  passed  by  the  Hungarian 
Parliament,  which  was  intended  to  have  a  restrictive 
effect  upon  emigration,  by  making  it  more  difficult  for 
a  citizen  to  leave  the  country,  and  by  placing  under 
severest  restraint  all  transportation  agents.  The  law 
was  drafted  with  the  Swiss  law  of  1888,  the  German 
law  of  1897,  and  the  Italian  law  of  1901  as  bases. 
The  Swiss  law  furnished  an  example  of  agency  control, 
the  German  law  suggested  the  compulsory  passport 
and  the  control  of  transportation  companies,  and  the 
Italian  law  furnished  the  idea  of  preventing  competitive 
transportation  rates  being  offered  by  rival  steamship 
companies. 

The  Hungarian  law  may  ha  said  to  be  the  most 
restrictive  emigration  law  in  the  world,  and  it  is  given 
in  full  in  this  chapter  for  that  reason.  It  places  tlie 
emigration  business  in  the  hands  of  the  Government 
through  regulations  which  keep  every  manager  and 
agent  under  the  closest  supervision,  and  prescribe  the 
way  in  which  the  business  shall  be  conducted.  Adver- 
tising and  soliciting  emigration  arc  forl)iddcn,  rate  wars 
are  impossible,  and  no  citizen  can  lawfully  leave  the 
country  without  notifying   liis   Government  of  his 


HUNGAEY 


251 


intention,  and  receiving  permission  to  do  so.  The  law 
states  in  detail  the  manner  in  which  emigration  shall 
be  handled,  and  specifies  the  accommodation  which 
shall  be  furnished  to  the  emigrants  by  transportation 
lines  over  which  he  may  be  travelling.  In  this  law  the 
Government  also  retains  the  power  to  name  the  direction 
in  which  emigrants  shall  leave  the  country,  by  giving 
notice  that  no  protection  will  be  afforded  those  who 
choose  some  other  exit.  This  is  ostensibly  done  for  the 
protection  of  the  emigrant,  but  is  in  reality  for  the 
purpose  of  enaljling  the  Government  to  develop  its  own 
ports  and  transportation  facilities  by  increasing  the 
business  transacted  through  their  medium. 

It  was  this  clause  in  the  law  which  enabled  the 
Hungarian  Government  to  make  its  much-talked-of 
contract  with  the  Cunard  Steamship  Company  for  a 
direct  passenger  line  from  Fiume  to  New  York.  The 
establishment  of  this  line  is  not  regarded  favourably  in 
the  United  States  by  reason  of  the  character  of  the 
emigration  which  is  common  to  that  section  of  Europe 
surrounding  the  port  of  Fiume.  The  making  of  this 
contract  was  undoubtedly  advantageous  to  English- 
people,  not  especially  because  of  any  increased  business 
for  a  large  English  steamship  company,  but  because  the 
Hungarian  emigration  formerly  passed  through  tlie 
German  ports,  and  in  the  end  many  of  the  rejected 
passengers  or  aliens  deported  from  the  United  States 
were  returned  to  England  rather  than  to  their  native 
country.  Under  the  present  arrangement  England  is 
relieved  of  a  portion  of  her  task  as  the  clearing-house  of 
undesiral)le  Continental  emigration  bound  to  America. 

There  is  an  utter  lack  of  rclia1)le  fitjures  as  rccfards 
Hungarian  emigration.  The  estimate  of  the  Govern- 
ment ollicials  is  that  about  70,000  Hungarians  emigrated 


252    THE  PROBLEM  OF  THE  IMMIGRANT 


last  year.  This  number  is  considerably  less  than  went 
to  the  United  States  alone,  so  the  estimate-  becomes 
worthless.  The  Hungarian  Government  expresses  no 
objection  to  a  temporary  emigration  of  working  men 
who  avowedly  intend  to  return,  bringing  their  savings 
with  them.  This  course  is  pursued  by  many  emigrants, 
who  go  annually  for  a  season  into  some  of  the 
neighbouring  countries.  The  whole  purport  of  the 
Hungarian  emigration  law,  however,  is  to  prevent  all 
desirable  citizens  from  leaving  their  homes  permanently ; 
but  it  can  be  stated  as  more  than  an  inference  that 
no  obstacles  are  placed  in  the  path  of  a  dependent  or 
objectionable  person  who  desires  to  leave  his  native 
land.  The  Hungarian  law,  which  follows,  may  be 
regarded  as  a  composite  of  the  Swiss,  German,  and 
Italian  laws,  with  such  provisions  added  as  the 
Hungarian  Government  deems  sufficient  to  give  it 
control  of  the  emigration  movement,  to  the  profit  of 
the  public  exchequer,  and  the  development  of  such 
sections  and  utilities  as  are  of  national  importance  and 
interest. 


{Translated  from  the  Hungarian.) 
THE  LAAV  OF  MARCH,  1903. 
Concerning  Emigration. 

Chapter  I. 
About  Emigration  in  General. 

§1- 

In  point  of  view  of  tlie  application  of  this  law  he  is 
considered  an  emigrant  who  goes  to  foreign  countries 


HUNGARY 


253 


with  the  object  of  continuously  living  there  for  an 
indefinite  time. 

§2. 

In  regard  to  emigration,  the  following  restrictions 
have  been  established  : — 

{a)  Those  who  on  account  of  military  laws  arc 
obliged  to  present  themselves  before  the  authorities,  or 
are  subject  to  military  service,  are  allowed  to  emigrate 
only  with  the  permission  of  the  respective  competent 
authorities. 

(b)  Persons  who  are  under  preliminary  investiga- 
tion or  examination  for  having  committed  a  crime  or 
offence,  against  whom  either  the  judicial  or  police 
authorities  have  issued  a  warrant  of  arrest,  arc  not 
permitted  to  emigrate  at  all, 

(c)  Minors  can  emigrate  only  if  they  are  able  to  show 
the  written  and  officially  legalized  consent  of  their 
father  or  guardian  ;  and  those  who  have  not  yet  attained 
their  fifteenth  year  of  age,  even  under  those  conditions, 
can  emigrate  only  in  company  of  a  responsible  adult, 
and  then  only  on  condition  that  a  future  home  is 
provided  for  them  at  their  place  of  destination. 

The  following  are  not  allowed  to  emigrate  : — 

{(I)  Those  parents  who  intend  to  leave  children 
under  fifteen  years  of  age  at  home  without  providing 
for  their  proper  care. 

(e)  Those  who  have  not  sufficient  funds  for  the 
journey  to  the  place  of  their  destination,  or  to  meet  the 
conditions  which  are  established  in  regard  to  immigra- 
tion into  the  country  to  which  they  wisli  to  emigrate. 

(/)  Those  who  are  promised,  l)y  the  Government  of 
any  foreign  country,  or  by  any  colonization  or  similar 


254    THE  PROBLEM  OF  THE  IMMIGRANT 

company,  or  by  a  private  person  seeking  to  organize 
colonization,  free  transportation  in  whole  or  in  part,  or 
any  advance  of  the  cost  of  transportation. 

§3. 

Every  emigrant  must  supply  himself  with  a  passport 
as  required  by  that  country  to  which  he  desires  to 
emigrate. 

§4. 

The  Ministry  furnishes  emigrants—if  they  apply 
for  it — full  and  reliable  information  as  to  all  conditions 
concerning  those  states  or  countries  to  which  they  have 
the  intention  of  going. 

§5. 

The  Ministry  is  empowered  to  prohibit  the  emi- 
gration to  any  foreign  country  where  the  life,  health, 
morals,  or  property  of  the  immigrants  may  be  placed  in 
jeopardy  ;  this  to  apply  to  emigration  as  a  whole  or  to 
persons  of  any  particular  occupation. 

§6. 

The  Ministry  is  empowered  to  restrict  emigration  in 
particular  direction  or  directions  as  may  seem  best  from 
the  standpoint  of  health,  or  to  protect  the  interests  of 
the  emigrant. 


HUNGARY 


255 


Chapter  II. 

Passenger  Traffic,  Contractors,  and  Agents. 

§^ 

Any  person  desiring  to  engage  in  the  transportation 
of  emigrants  must  have  a  licence  granted  by  the 
Minister  of  the  Interior, 

§8. 

Licences  are  granted  to  : 

(1)  Resident  contractors,  whether  individuals  or 
associations,  provided  the  responsible  managers  are 
citizens  of  Hungary ; 

(2)  Non-resident  contractors,  whether  individuals  or 
associations  : 

{a)  Provided  they  designate  a  resident  citizen  of 
Hungary  as  their  representative  in  Hungary  in  all 
matters  concerning  emigration,  and  in  the  relations  of 
the  principals  towards  the  Government  authorities ; 
these  designated  representatives  to  have  full  power  and 
responsibility  ; 

(6)  Provided  they  subject  themselves  to  the 
Hungarian  law  and  to  the  Hungarian  courts  of  justice 
in  case  of  controversies  arising  from  said  emigrant 
business. 

§9. 

Every  applicant  fn-  a  licence  must  prove  ability  to 
transport  emigrants  safely  and  deposit  in  advance,  as 
security,  at  least  100,000  crowns. 


256    THE  PROBLEM  OF  THE  IMMIGRANT 


§  10. 

Licences  are  only  to  be  granted  for  business  with 
designated  countries,  parts  of  countries  or  places,  and, 
if  a  sea  journey  is  involved,  only  for  designated  ports. 

§11. 

Such  licence  gives  the  holder  the  right  to  extend  his 
business  over  the  entire  territory  within  the  scope  of  the 
law. 

§  12. 

The  contractor  is  bound  from  time  to  time  to  submit 
his  tariff  of  fares  to  the  Minister  of  the  Interior  for 
approval.  Higher  rates  than  apj^roved  of  cannot  be 
charged. 

With  the  exception  of  an  advertisement  concerning 
time-tables,  subsistence,  and  fares  it  is  forbidden  to  issue 
proclamations  or  information  concerning  emigration,  or 
to  send  any  such  to  individuals. 

It  is  also  forbidden  for  contractors  and  their  agents 
to  attempt  to  induce  emigration  verbally,  by  letter,  or 
to  encourage  it  in  any  manner,  to  solicit  from  door  to 
door,  or  to  ask  or  accept  any  reward  or  service  from 
emigrants,  excepting  the  fare  to  be  paid  for  the  passage. 

§  13. 

The  contractor  is  allowed,  with  the  permission  of  the 
Minister  of  the  Interior,  to  have  his  business  managed 
l)y  a  representative,  and  also  to  establish  branch  offices. 
The  person  selected  as  a  representative  must,  however, 
be  approved  by  the  Minister  of  the  Interior. 


HUNGARY 


257 


§  14. 

A  licence  as  emigration  agent  can  only  be  obtained 
by  persons  fulfilling  the  following  requirements  : — 

(a)  He  must  be  a  citizen  of  Hungary  ; 

{b)  He  must  live  within  the  judicial  districts  or  in 
one  of  the  districts  in  which  he  is  doing  business  ; 

(c)  He  must  not  be  under  guardianship  or  trustee- 
ship, must  be  solvent,  no  criminal  proceedings  in  penal 
law  must  be  pending  against  him,  and  he  must  never 
have  been  condemned  to  imprisonment  for  crime  or 
offence  committed  in  self-interest  (paragraph  38  of  the 
law  of  1881).  He  must  not  have  been  guilty  of  a 
transgression  coming  under  that  law,  and  his  morality 
and  reliability  must  be  without  reproach, 

§  15. 

With  the  approval  of  the  Minister  of  the  Interior 
the  contractor  may  appoint  a  representative  competent 
to  make  contracts. 

§  16. 

The  contractor  is  responsible  according  to  civil  law 
for  every  action  of  his  representative  within  the  scope 
of  emigration  business. 

§  17 

The  representative  shall  not  l)e  paid  by  commissions 
on  the  contracts  he  makes,  ljut  l)y  a  regular  salary 
stipulated  in  advance. 

S 


258    THE  PROBLEM  OF  THE  IMMIGRANT 


§  18. 

Only  persons  answering  to  the  conditions  required  in 
section  14  regarding  representatives  may  be  appointed 
as  such.  Officers  of  State,  of  justice,  magistrates  and 
subordinate  officials,  clergymen  and  scliool  teachers, 
cannot  be  representatives. 

§  19. 

The  business  territory  of  such  a  representative  shall 
be  bounded  only  by  the  limits  of  a  designated  judicial 
district  or  of  several  designated  judicial  districts. 

Not  more  than  one  representative  of  the  same  con- 
tractor is  allowed  to  carry  on  business  in  any  district, 

§20, 

The  manager  ^  is  allowed  to  carry  on  his  business  in 
person  only,  and  is  not  permitted  to  conclude  contracts 
for  transport  business  for  any  other  manager.  Neither 
members  of  the  manager's  family  nor  his  employees  are 
permitted  to  do  business  on  their  own  account. 

The  injunction  of  section  12  refers  also  to  the 
representative, 

§  21. 

The  concession  (or  licence)  of  the  manager  and  that 
of  his  representative,  as  well  as  the  grant  of  authorization, 
can  be  limited  or  withdrawn  at  any  time  by  the  Minister 
of  the  Interior. 

'  The  word  "  manager  "  is  hero  used  in  the  sense  of  a  proprietor  or 
responsible  head  of  a  business. 


HUNGARY 


259 


The  concession  shall  be  withdi'awn  : 

(a)  If  the  person  concerned  no  longer  meets  the 
requirements  contained  in  sections  8,  14,  and  18  ; 

{b)  If  events  occur  to  show  that  the  manager,  his 
representative,  or  substitute  is  unreliable  ; 

(c)  If  the  deficit  arising  from  legal  deduction  from 
the  security  deposited  is  not  made  good  within  fifteen 
days. 

§  22. 

The  security  deposited  by  the  manager  is  intended 
to  cover  all  liabilities,  as  well  as  all  fines  and  expenses 
growing  out  of  the  business,  whether  payable  to  the 
authorities  or  to  private  parties. 

The  nature  of  the  security,  as  well  as  the  manner 
of  depositing  it,  its  management  and  restitution,  is  to 
be  decided  by  the  Minister  of  the  Interior. 

§  23. 

The  manager,  as  well  as  his  representative,  is 
required  to  keep  intelligible  books,  as  prescribed  by 
the  Minister  of  the  Interior.  He  must  also  keep  a 
copying-book  for  his  correspondence. 

The  management  of  the  deposit  and  form  of  contract 
to  be  used  shall  be  fixed  by  decree  of  the  Minister  of 
the  Interior. 

The  Minister  of  the  Interior,  as  well  as  his  authorized 
su1)stitute  and  the  police  authorities,  have  the  right  to 
investigate  the  management  of  the  business  at  any  time, 
to  make  abstracts  of  flie  accounts,  and  to  control  the 
proceedings  of  the  manager  and  his  representative 
generally. 


260    THE  PROBLEM  OF  THE  IMMIGRANT 


Chapter  III. 

Legal  Relations  between  the  Manager  and  the 

Emigrant. 

§  24. 

The  contractor  can  only  transport  an  emigrant  upon 
the  authority  of  a  written  contract  made  in  advance. 

It  is  forbidden  to  enter  into  contract  with  persons 
having  no  passport,  and  also  with  persons  described 
in  section  2. 

§25. 

The  contract  is  to  be  drawn  in  the  Hungarian 
language,  or  in  columns  both  in  the  Hungarian  language 
and  in  the  mother  tongue  of  the  emigrant,  in  duplicate, 
one  copy  of  which  is  given  to  the  emigrant,  the  other 
remaining  with  the  agent. 

The  contract  must  contain  the  following  : — 

(1)  The  full  name,  age,  and  place  of  residence  of  the 
emigrant ; 

(2)  The  exact  route  to  be  taken,  and  the  place  to 
which  transportation  is  to  be  contracted  for ; 

(3)  The  exact  time  of  starting,  and,  in  case  of  an 
ocean  voyage,  the  name  of  the  vessel  as  well  as  the  day 
fixed  for  tlie  sailing  ; 

(4)  If  a  railway  journey,  the  class  must  be  stated, 
if  by  ship,  the  place  must  be  designated,  which  the 
emigrant,  his  family,  and  his  luggage  are  to  occupy ; 

(5)  The  exact  fare,  in  figures  and  words ; 


HUNGARY 


261 


(6)  The  requirements  of  this  law  regarding  the 
duties  of  the  contractor  and  the  manner  of  settling 
possible  complaints. 

§26. 

The  contractor  is  bound  to  the  emigrant : 

(1)  To  send  the  emigrant  with  his  luggage  to  the 
place  stated  in  the  contract  and  for  the  fare  stated, 
which,  under  no  consideration,  must  be  increased  ; 

(2)  To  provide  sufficient  wholesome  clean  board  and 
lodging  for  the  entire  journey,  in  case  the  emigrant  has 
not  stipulated  to  provide  for  himself  during  his  journey 
on  land  ; 

(3)  To  provide  medical  treatment  free  of  charge,  and, 
in  case  of  death  during  the  voyage,  free  burial  ; 

(4)  To  insure  the  luggage  against  damage  and  loss, 
and  the  head  of  the  family  against  accident,  according 
to  the  rates  approved  by  the  Minister  of  the  Interior. 
The  amount  of  the  insurance  premium  may  be  stipu- 
lated in  the  contract  as  additional  to  the  fare  ; 

(5)  If  the  trip  is  postponed  or  interrupted,  without 
any  apparent  fault  on  the  part  of  the  emigrant,  to  give 
him  entire  board  and  lodging  without  any  extra  charge, 
and  to  send  him  and  his  luggage  on  to  his  place  of 
destination  as  rapidly  as  possible. 

§27. 

If  the  delay  lasts  longer  than  a  week,  the  emigrant 
may  cancel  the  contract  and  demand  the  return  of 
the  fare  already  paid,  and,  in  case  of  having  suffered 
loss  thereby,  may  claim  damages  according  to  general 
laws. 


262    THE  PROBLEM  OF  THE  IMMIGRANT 


§28. 

The  fare  can  also  be  demanded  in  case  of  the  death 
of  the  emigrant,  or  a  member  of  his  family  who  accom- 
panies him  dying  before  beginning  the  sea  voyage,  or 
being  prevented  from  leaving  by  illness  or  other  circum- 
stances for  which  it  can  be  proved  he  is  not  responsible. 
Half  of  the  fare  can  be  demanded  if  the  emigrant 
cancels  the  contract  for  any  reason  whatever  before 
starting  on  his  journey. 

§  29. 

Agreements  which  violate  sections  12,  26,  27,  and 
28  are  invalid. 

§30. 

The  contractor  is  obliged  to  bring  back,  without 
extra  charge,  such  persons  as,  notwithstanding  the  pro- 
hibition contained  in  section  24,  are  sent  on  without  a 
passport,  if  these  persons  had  no  right  to  emigrate 
according  to  section  2. 

§31. 

During  the  sea  voyage,  the  contractor  must  see  that 
the  vessel  in  which  the  emigrants  sail  is  kept  in  good 
order,  on  the  designated  course,  is  furnished  properly, 
well  appointed  and  provided  with  sufficient  provisions. 
The  same  obligation  is  incumbent  upon  the  master  of 
the  vessel. 

§  32. 

Before  leaving,  the  vessel  is  examined  by  the  proper 
authorities,  to  ascertain  whether  all  the  requirements  of 
the  previous  sections  arc  provided  for. 


HUNGARY 


263 


Every  vessel  is  examined  and  emigrants  and  crew 
inspected  by  the  proper  medical  authorities. 

§33. 

Within  the  meaning  of  this  law,  sea-going  vessels 
are  considered  fit  for  emigrant  transportation  which  sail 
to  non-European  ports,  and  carry  at  least  twenty-five 
passengers,  not  including  those  in  separate  compart- 
ments. 

The  Minister  of  the  Interior  is  authorized  to  make  full 
arrangements  in  accord  with  the  Minister  of  Commerce, 
respecting  the  quality  of  such  vessels,  their  accommoda- 
tions and  appointments  in  regard  to  the  supply  of 
provisions,  their  official  examinations  and  control,  also 
regarding  the  medical  examination  of  travellers  and 
crew,  the  prohibition  of  the  embarking  of  sick  people, 
and  the  preservation  of  health  and  morality  among  the 
emigrants. 


Chapter  IV. 

Emigration  Fund. 
§34. 

For  the  relief  of  members  of  the  families  of  cmiirrants 
who  remain  behind  in  poverty,  for  obtaining  information 
for  them  as  to  those  who  have  already  emigrated,  for 
providing  employment,  for  founding  asylums  for  them, 
and  lastly,  for  covering  partly  or  entirely  the  expenses 
of  the  destitute  who  desire  to  return  to  their  native 
country,  special  funds  are  to  be  raised  as  follows  :  — 


264    THE  PROBLEM  OF  THE  IMMIGRANT 


(a)  From  appropriation  from  the  Government 
budget ; 

(h)  From  all  unexpended  balances  received  from 
issuing  passports  after  deduction  of  stamp  duty  and 
fees  ; 

(c)  From  the  fees  fixed  by  law  which  are  to  be  paid 
by  the  transportation  agents  obtaining  licences  ; 

(d)  From  annual  dues  to  be  fixed  by  contract,  pay- 
able by  all  banking  institutions,  which  may  be  entrusted 
with  the  management  of  the  funds  of  emigrants  and 
with  their  return  passage  money. 

§35. 

The  emigration  funds  shall  be  under  the  manage- 
ment of  the  Minister  of  the  Interior,  who  shall  render 
account  of  them  in  his  annual  report. 

§36. 

The  Ministry  is  instructed  to  provide  for  the  proper 
administration  of  the  deposits,  and  to  ensure  the  safe 
delivery  of  money  sent  back  by  emigrants  by  means 
of  the  Royal  Hungarian  Postsparkasse,  or  a  reliable 
Hungarian  bank. 

Chapter  V. 
Officials. 
§37. 

For  the  proper  treatment  of  questions  regarding 
emigration,  and  to  aid  the  Minister  of  the  Interior  iu  the 
performance  of  these  duties,  a  Council  of  Emigration 
shall  be  organized. 


HUNGARY 


265 


§38. 

The  Minister  of  the  Interior  shall  be  president  of 
this  Council,  and,  in  case  of  his  being  prevented,  the 
first  assistant  of  the  Minister  shall  take  his  place. 

The  members  of  this  Council  shall  consist  of  one 
appointee  of  the  Prime  Minister,  one  member  each  from 
the  police  and  sanitary  upper  divisions  of  the  Ministry 
of  the  Interior,  Justice,  Ecclesiastic  Aifairs  and  Public 
Instruction,  of  Commerce,  Agriculture,  and  the  Depart- 
ment of  National  Defence.  Then  of  ten  members 
named  by  Minister  of  the  Interior  from  the  chambers 
of  commerce  and  agricultural  societies,  or  those  engaged 
in  agriculture,  manufactures,  or  commerce, 

§39. 

The  Minister  of  the  Interior  decides  as  to  the  or- 
ganization and  order  of  business  of  the  Council  of 
Emigration. 

§40. 

To  supervise  the  operation  of  this  law  and  for  the 
direct  inspection  of  the  entire  emigration  business,  the 
Minister  of  the  Interior  is  authorized  to  appoint  a 
Commissioner  of  Emigration  possessing  the  rank  of  a 
Government  official  {Slaatsbeamter),  and  assistants 
according  to  need. 

§  41. 

The  Commissioner  of  Emigration  has  power  to  be 
present  at  the  examination  of  vessels  employed  in 


266    THE  PROBLEM  OF  THE  IMMIGRANT 


emigrant  traffic  and  even  to  make  independent  exami- 
nation. He  is  to  report  to  the  Minister  of  the  Interior 
any  deficiencies  or  irregularities,  and,  in  special  cases, 
to  inform  the  local  authorities. 

The  masters  of  vessels  employed  in  emigrant  traffic 
are  obliged,  if  the  Commissioner  so  desires,  to  furnish  a 
true  statement  of  the  condition  of  the  ship  and  its  route, 
and  to  allow  at  any  time  inspection  of  the  ship  and 
the  ship's  papers. 

§42. 

The  Commissioner  of  Emigration  is  the  immediate 
subordinate  of  the  Minister  of  the  Interior,  and  his 
compensation,  as  well  as  that  of  those  assigned  to  him 
as  assistants,  shall  be  placed  in  the  annual  budget. 
Any  special  services  are  regulated  by  the  Minister  of 
the  Interior. 


Chapter  VI. 
Articles  in  Penal  Code. 
§43. 

Any  contractor  or  contractor's  agent  who  violates  the 
stipulations  of  sections  12,  13|,  14,  23,  24,  26,  and  31,  or 
who  does  not  observe  the  decrees  issued  by  the  Minister 
of  the  Interior,  according  to  this  law,  in  case  such  action 
on  his  part  does  not  include  a  graver  offence,  commits 
a  misdemeanour,  and  is  to  be  punished  by  imprison- 
ment not  exceeding  two  months,  as  well  as  by  a  fine 
not  exceeding  600  crowns. 

In  case  this  misdemeanour  is  committed  l)y  the 


HUNGARY 


267 


agent,  but  with  the  knowledge  of  the  contractor,  or  if 
the  latter  has  neglected  the  inspection  demanded  by 
the  circumstances,  the  contractor  is  liable  to  punishment 
together  with  the  agent. 

Every  shipmaster  is  also  guilty  of  a  misdemeanour, 
and  punished  by  the  same  penalty,  if  he  does  not  fulfil 
his  duty  as  indicated  iu  section  31  or  in  the  second 
paragraph  of  section  33,  whether  this  happens  in  his 
own  country  or  abroad. 

§44. 

Any  agent  who  does  not  comply  with  the  provisions 
of  sections  13,  19,  and  24,  as  well  as  those  regulations 
regarding  the  management  of  business  which  may  be 
issued  by  the  Minister  of  the  Interior  under  this  law, 
commits  a  misdemeanour,  and  is  to  be  punished  by 
imprisonment  for  not  more  than  one  month,  and  also  by 
a  fine  not  exceeding  600  crowns. 

§45. 

Any  one  who  engages  in  the  transportation  of 
emigrants,  either  as  principal  or  agent,  without  having 
the  licence  required  in  sections  7  and  1 5,  is  guilty  of  a 
misdemeanour,  and  is  to  be  punished  by  imprisonment 
not  exceeding  two  months,  and  a  fine  not  exceeding 
600  crowns. 

Letters,  circulars,  printed  matter,  and  passage  tickets 
sent  out  by  contractors  and  agents  without  a  licence, 
may  be  seized  and  confiscated  by  the  proper  authorities 
in  the  post-office. 


268    THE  PROBLEM  OF  THE  IMMIGRANT 


§46. 

Any  one  who  encourages  emigration  at  a  public 
meeting  by  speeches,  or  by  distributing  printed  matter 
or  pamphlets,  or  l^y  exhibiting  these  publicly,  shall  be 
punished  with  imprisonment  for  not  more  than  two 
months,  and  by  a  fine  not  exceeding  600  crowns. 

§47. 

Any  one  is  guilty  of  a  misdemeanour,  and  is  to  be 
punished  by  a  fine  amounting  to  not  more  than  200 
crowns,  who  publishes,  by  means  of  press  advertisements, 
the  business  of  traffic  managers  and  agents,  who  have 
not  permission  of  the  Minister  of  the  Interior  to  do 
business.  # 

§48. 

Over  all  violations  of  this  law,  so  far  as  not  com- 
mitted by  the  press,  the  criminal  court  has  original  and 
appellate  jurisdiction. 

(a)  In  small  and  large  villages,  in  towns  with 
regularly  designated  magistrates  and  with  independent 
municipal  organizations,  the  authorities  mentioned  in 
section  13  of  the  Article  of  Law  No.  20,  of  the  year  1901, 
of  the  primary  and  appellate  courts. 

(6)  In  the  capital  and  residence  town  of  Budapest, 
and  in  the  districts  of  Neupest  and  Rakospalota,  the 
head  of  the  prefectory  of  the  district  shall  have  original 
jurisdiction.  On  appeal,  the  local  governor  of  the  dis- 
trict or  his  deputy,  with  appeal  to  the  Minister  of  the 
Interior  in  the  third  instance. 


HUNGARY 


269 


Chapter  VII. 
Final  Articles  . 
§  49. 

For  the  purpose  of  founding  an  emigration  fund 
according  to  section  34,  80,000  crowns  are  appropriated 
for  the  year  1903. 


§50. 

At  the  moment  of  this  law  becoming  operative,  the 
law  of  the  year  1881,  as  well  as  all  decrees  relative  to 
emigration,  are  annulled. 

§51. 

The  Minister  of  the  Interior  is  authorized  to  fix  the 
date  when  this  law  is  to  take  effect,  as  well  as  when  its 
administration  shall  begin. 

Budapest,  November  5th,  of  the  year  1902. 

(Signed)        Koloman  Szell. 

EmicxRation  discouraged. 

Under  date  of  April  13,  1904,  a  general  circular 
was  issued  by  the  Hungarian  Government  to  the  local 
authorities,  including  those  at  Fiumc,  the  Hungarian 
port  on  the  Mediterranean,  indicating  the  manner  in 
which  the  new  emigration  law  was  to  be  administered. 
Notice  was  also  given  that  special  circulars  would 
follow — one  dealing  with  tlic  shipping  of  emigrants, 
and  their  sanitary  and  moral  protection  ;  one  especially 


270    THE  PROBLEM  OF  THE  IMMIGRANT 


devoted  to  the  manner  of  housing  and  boarding  emi- 
grants in  Fiume  ;  one  concerning  the  military  service 
due  to  the  country  from  citizens ;  and  a  fourth  setting 
forth  the  method  of  obtaining  passports  and  particu- 
larizing their  use,  and  prescribing  for  the  collection  of 
statistical  data  concerning  emigrants. 

In  this  general  circular  emigration  to  Brazil  was 
prohibited,  and  a  temporary  concession  granted  to  the 
Cunard  Steamship  Company  for  transporting  emigrants 
from  Fiume  to  the  United  States  was  continued  in  force, 
pending  the  making  of  the  final  agreement  between 
Hungary  and  the  Cunard  Company  which  is  now  in 
force.  The  rate  of  fare  to  be  paid  by  emigrants  to  the 
Cunard  Company  was  fixed — on  ships  of  not  more  than 
fifteen  marine  miles  speed,  at  180  crowns  for  individuals 
over  twelve  years  of  age,  and  90  crowns  for  children 
between  the  ages  of  one  and  twelve ;  on  ships  of  more 
than  fifteen  marine  miles  speed,  at  200  crowns  for  those 
over  twelve  years,  and  100  crowns  for  those  between 
one  and  twelve ;  and  it  was  further  provided  that 
children  under  one  year  of  age,  if  travelling  in  the 
company  of  grown  persons,  should  be  carried  free  on 
any  vessel.  Various  other  restrictions  made  in  the 
interest  of  the  emigrants  were  placed  upon  the  company. 

This  o;eneral  circular  from  the  Minister  of  the  Interior 
concluded  as  follows  : — 

"  I  further  make  it  the  duty  of  all  the  executive 
authorities  to  follow  with  the  most  vigilant  attention, 
in  their  respective  jurisdictions,  the  matter  of  emigration 
in  its  every  phase,  to  endeavour  to  ascertain  the  reason 
for  emigrating,  and  to  take  steps,  so  far  as  lies  in  their 
power,  towards  the  removal  or  remedying  of  national, 
econcjmic,  or  moral  evils  and  injury  caused  by  emigration 
or  traceable  to  it ;  especially  to  make  reports  to  their 


HUNGARY 


271 


superiors,  but  under  all  circumstances  to  endeavour  with 
good  counsel  and  kindly  explanation  to  dissuade  emi- 
grants from  emigrating. 

"  I  further  expect  the  various  authorities,  in  case 
the  causes  of  emigration  are  insurmountable,  and  in  case 
emigration  cannot  be  prevented  hy  legal  means,  and 
emigrants  are  not  to  be  dissuaded  from  their  intention 
by  good  counsel  and  enlightenment,  to  at  least  endeavour 
to  the  best  of  their  knowledge  and  will  to  carry  out  the 
intention  of  the  law,  which  is  that  emigration  takes  place 
in  the  manner  and  direction  most  in  conformity  to  the 
interests  of  the  State,  and  still  more  to  those  of  the 
emigrants.  Especially,  let  the  authorities  know  it  to  be 
their  duty  to  render  impossible  the  working  of  secret 
agents  of  unlicensed  transportation  companies,  to  search 
them  out  and  to  severely  punish  them,  and  to  control 
vigilantly  the  agents  or  representatives  of  the  licensed 
transportation  concern,  so  that  their  actions  be  kept 
strictly  within  the  limits  of  the  law,  and  in  no  case 
develop  into  encouragement  of  emigration." 

Only  One  Sea  Route  from  Hungary. 

In  carrying  out  its  agreement  with  the  Cunard 
Steamship  Company,  whereby  that  company  established 
a  new  line  running  between  Fiume  and  New  York,  the 
Hungarian  Government  issued  a  circular  under  date 
of  April  13,  1904,  which  practically  makes  the  Fiume 
route  the  only  one  by  which  an  emigrant  can  com- 
fortably leave  Hungary  for  the  United  States.  This 
circular  sets  forth  that — 

"  The  route  via  Fiume  is  laid  down  first  of  all,  and 
a  licence  for  the  transportation  of  emigrants  has  for 
the  present  been  given  only  for  this  route. 

"Routes  via  other  ports  lying  outside  of  Hungary 
will  be  designated  only  in  case  the  emigrant  cannot 


272    THE  PROBLEM  OF  THE  IMMIGRANT 


be  transported  via  Fiume.  Such  routes  will  always 
be  designated  in  the  licence  granted  to  the  particular 
concern. 

"  If  any  one  should  intend  to  emigrate  across  the 
sea  in  a  different  direction  from  the  designated  route, 
he  cannot  be  prevented  therefrom  by  forcible  means ; 
but  in  his  own  interest  he  must  be  warned  that  the 
Hungarian  authorities  have  no  means  of  affording 
emigrants  such  protection  and  assistance  against  injuries 
and  losses  that  may  occur  on  other  routes,  as  are  assured 
them  on  the  designated  route." 

Instructions  for  enforcing  the  Law. 

Under  date  of  April  18,  1904,  a  circular  was 
issued  containing  lengthy  and  detailed  instructions  for 
the  carrying  out  of  the  emigration  law  of  1903.  These 
instructions  cover  the  entire  field  indicated  in  that  law, 
from  the  control  of  emigration  agencies  to  assistance 
of  the  emigrant  even  after  he  has  landed  in  a  foreign 
country.  Each  section  and  paragraph  of  the  law  is 
taken  up  seriatim,  and  amplified  in  such  manner  as 
to  leave  no  doubt  as  to  its  meaning  or  the  manner  in 
which  'it  should  be  administered.  Under  the  powers 
conferred  by  the  law,  detailed  instructions  are  also 
given  as  to  how  emigrants  shall  be  cared  for  and  pro- 
tected, and  what  measures  shall  be  required  of  the 
steamship  company  at  Fiume  for  housing,  feeding,  and 
otherwise  caring  for,  their  steerage  passengers. 


CHAPTEK  XV 


SPAIN 

Spain  has  an  area  of  190,000  square  miles,  and  a 
population  of  18,600,000,  The  population  increases  at 
the  rate  of  less  than  one  per  cent,  per  year.  About 
25  per  cent,  of  the  population  are  engaged  in  agri- 
culture. Emigration  is  not  large,  between  60,000  and 
70,000  people  leaving  each  year.  The  bulk  of  this 
movement  is  to  Brazil,  Uruguay,  and  Argentina. 

There  is  no  restriction  upon  immigration  into  Spain, 
except  compliance  with  police  regulations  for  identifica- 
tion and  registration  of  the  foreigner. 

There  are  severe  restrictions  upon  emigration  of 
citizens.  Military  service  is  compulsory,  and  every 
possible  precaution  is  taken  to  prevent  a  Spanish  subject 
from  leaving  his  native  land  until  he  has  fulfilled  his 
military  obligation.  Emigration  agencies  are  held  in 
close  control  by  the  Government,  agents  arc  required 
to  secure  a  licence,  and  all  emigrant  business  is  con- 
ducted under  Government  supervision.  No  emigrant 
can  lawfully  be  transported  from  Spain  unless  that 
emigrant  has  received  a  passport  and  identification 
papers  together  with  oflicial  permission  to  depart. 
Numerous  decrees  have  been  issued  enforcing  these 
regulations,  and  as  late  na  the  5th  of  November, 
1904,  a  proclamation  was  published  by  the  Spanish 

T 


274    THE  PROBLEM  OF  THE  IMMIGRANT 


Government  calling  attention  to  previous  decrees,  and 
urging  increased  vigilance  upon  local  officials  in  securing 
compliance  with  the  law. 

The  people  of  Spain  have  suffered  very  much  through 
the  efforts  of  unscrupulous  transportation  agents  in 
securing  emigrants.  Conditions  in  foreign  countries 
have  been  misrepresented,  and  every  inducement  has 
been  offered  to  persuade  the  ignorant  peasant  to  invest 
in  an  emigrant  ticket  to  some  foreign  country.  Agents 
have  even  gone  so  far  as  to  connive  with  intending 
emigrants  to  evade  the  laws,  and  escape  from  their 
native  land  without  giving  notice  to  the  Government. 
This  traffic  has  been  carried  on  in  such  high-handed 
manner  that  most  remarkable  measures  have  been 
necessary  to  put  a  stop  to  it.  It  is  not  an  uncommon 
proceeding  for  emigrant-ships  to  remain  on  the  high 
seas  outside  of  the  three-mile  shore  limit,  and  have 
the  passengers  brought  to  them  unlawfully  in  small 
boats. 

The  decree  of  November,  in  the  preamble,  calls 
attention  to  the  numerous  decrees  which  have  been 
issued  for  the  purpose  of  preventing  secret  emigration, 
the  use  of  forged  or  wrongfully  acquired  identification 
papers  and  permits,  and  the  alarming  extent  to  which 
these  evils  still  exist.  Transportation  companies  are 
accused  of  assisting  in  the  infraction  of  the  law  and  of 
being  "  lost  to  all  sense  of  humanity "  in  inducing 
emigration  of  improper  persons  to  countries  where  only 
distress  and  suffering  can  be  expected  as  the  lot  of  the 
emigrant.  The  Spanish  Government  urges  the  local 
authorities  to  use  the  utmost  effort  to  put  a  stop  to  this 
traffic,  so  that  it  may  not  be  said  that  it  is  caiTied  on 
through  the  corruption  of  public  officials.  The  decree 
further  provides — 


SPAIN 


275 


Sec.  1.  That  all  decrees  and  notices  shall  be  repub- 
lished in  conspicuous  manner  in  every  province,  so  that 
the  attention  of  the  people  may  be  again  called  to  them. 

Sec.  2.  That  it  shall  be  announced  publicly  that 
documents,  such  as  passports,  identification  papers,  and 
permits,  can  be  secured  gratuitously  from  the  local 
Government  officials  by  those  entitled  to  them. 

Sec.  3.  That  the  intervention  of  emigration  agents 
in  procuring  such  papers  as  are  referred  to  in  the 
previous  section,  unless  such  agent  has  full  power  of 
attorney  from  the  party  desiring  such  papers,  is 
forbidden. 

Sec.  4.  That  special  publicity  is  to  be  given  to  the 
military  requirements  of  citizenship,  and  the  penalties 
to  be  imposed  upon  principal  or  guardian,  in  case  such 
military  service  is  evaded,  are  to  be  made  prominent. 

Sec.  5.  That  local  magistrates  shall  impress  upon 
the  people  the  sujSerings  which  have  been  undergone  by 
those  who  emigrated  unlawfully,  and  who  were  induced 
by  unscrupulous  agents  to  go  to  places  of  which  they 
had  no  knowledge.  Citizens  are  also  requested  to  report 
all  such  cases  which  come  to  their  knowledge,  that  the 
authorities  may  make  use  of  them. 

Sec.  6.  That  the  authorities  are  to  exercise  vigilance 
in  preventing  agents  from  soliciting  emigration  unless 
such  agents  are  licensed,  to  prevent  all  advertising  of 
an  emigration  business,  and  to  generally  observe  the 
manner  in  which  emigration  agents  carry  on  their  work, 
to  the  end  that  the  law  is  not  violated. 

Sec.  7.  That  the  authorities  are  instructed  to  act  in 
accord  with  the  marine  and  police  departments  in  sea- 
ports to  prevent  the  embarkation  of  people  emigrating 
unlawfully  in  small  boats  employed  to  carry  them  to 
ships  lying  in  wait  on  the  high  seas,  and  to  assist  the 


276    THE  PROBLEM  OF  THE  IMMIGRANT 


port  authorities  in  preventing  the  departure  of  those 
who  have  no  right  to  go. 

Sec.  8.  That  officials  are  enjoined  to  be  vigilant  on 
the  days  before  and  the  days  of  the  sailing  of  ships,  and 
to  take  especial  care  that  Spanish  or  foreign  ships  do  not 
take  on  emigrants  departing  unlawfully. 

Sec.  9.  That  the  local  authorities  shall  take  imme- 
diate steps  for  the  legal  arrest  of  those  attempting  to 
leave  the  country  without  permission. 

One  interesting  feature  of  emigration  from  Spain  is 
the  movement  which  has  taken  place  for  several  years 
past  from  the  neighbourhood  of  Vigo,  This  movement 
is  migratory  rather  than  permanent,  and  has  been  of 
benefit  to  that  section.  The  natives  have  left  for 
countries  where  wages  were  high  and  work  was  plentiful, 
and  have  returned  within  a  reasonable  time  with  their 
savings.  These  savings  have  been  utilized  for  the 
purchase  of  small  land  holdings,  and  in  this  manner  a 
prosperous  agricultural  community  has  been  created. 


CHAPTER  XYI 


PORTUGAL 

Portugal  has  an  area  of  35,490  square  miles,  and  a 
population  of  about  5,500,000.  The  number  of  in- 
habitants has  increased  on  an  average  of  about  one  per 
cent,  of  the  total  each  year.  Fully  two- thirds  of  the 
population  are  engaged  in  agriculture.  The  number  of 
emigrants  from  Portugal  from  the  years  1872  to  1890 
inclusive  was  308,065.  In  the  ten  years  following  it 
was  270,017.  The  number  of  emigrants  now  leaving 
the  country  each  year  averages  less  than  25,000.  Four- 
fifths  of  these  go  to  North  or  South  America,  and  the 
other  fifth  quite  generally  to  Africa. 

There  are  no  restrictions  upon  immigration  into 
Portugal,  even  passports  for  foreigners  being  unneces- 
sary. Within  forty-eight  hours  after  arrival,  however, 
a  foreigner  must  produce  at  the  civil  governor's  office, 
or  else  at  the  office  of  the  magistrate  of  the  township,  a 
certificate,  stating  his  nationality,  issued  by  a  competent 
diplomatic  or  consular  officer. 

Saving  exceptions  referriug  to  operatives  going  to 
work  in  Spain,  who  arc  furnished  with  documents  issued 
by  the  magistrate  of  the  township  where  the  individual 
is  domiciled,  no  Portuguese  citizen  can  lawfully  leave  the 


278    THE  PKOBLEM  OF  THE  IMMIGRANT 

kingdom  without  a  passport  issued  by  the  authority  of 
the  civil  Government.  Military  service  is  compulsory. 
Emigrants  leaving  the  country  lawfully  are  protected 
by  shipping  and  police  regulations  in  matters  of  personal 
comfort  and  safety,  and  emigration  offices  are  kept 
under  supervision  and  restraint  by  the  Government. 


CHAPTER  XVII 


THE  NETHERLANDS 

The  area  of  the  Netherlands  is  12,648  square  miles, 
and  the  pojsulation  is  5,347,182,  or  an  average  of  422 
to  the  square  mile.  The  annual  rate  of  increase  of 
population  is  nearly  two  per  cent. 

There  are  practically  no  restrictions  upon  immigra- 
tion into  the  Netherlands,  other  than  the  police  sur- 
veillance common  to  all  Continental  countries  in  greater 
or  less  degree. 

Emigration  from  the  Netherlands  has  never  been 
considerable,  less  than  9000  having  been  the  greatest 
number  of  citizens  leaving  in  a  single  year.  The 
annual  emigration  is  now  less  than  5000.  There  is 
a  large  emigration  of  foreigners  through  the  port  of 
Rotterdam,  and  during  the  past  year  nearly  50,000  people 
arrived  from  other  countries  to  take  passage  from  the 
Dutch  ports.  The  Government  retains  close  supervision 
over  emigrant  traffic,  and  elaborate  shipping  laws  provide 
for  the  protection,  safety,  and  comfort  of  passengers  in 
their  dealings  with  ship-owners.  It  is  from  this  port 
of  Rotterdam  that  much  undesirable  emigration  takes 
place  to  England.  Tl"  an  emigrant  is  unable  to  secure 
passage  to  the  United  States  through  disqualification, 


280    THE  PROBLEM  OF  THE  IMMIGRANT 

he  is  generally  able  to  find  a  way  of  reaching  England, 
and  this  way  is  often  via  the  Dutch  port.  It  is 
notorious  that  there  are  men  in  Bremen  and  Hamburg 
whose  sole  business  is  the  transfer  of  this  class  of 
travellers  to  Rotterdam,  to  enable  them  to  proceed  to 
England,  or  possibly  in  the  end  to  the  United  States. 


CHAPTER  XYIII 


DENMARK 

The  area  of  Denmark  is  about  15,000  square  miles,  and 
the  population  is  2,464,770,  or  160  to  the  square  mile. 
The  increase  of  population  is  about  one  per  cent,  per 
annum.  This  increase  takes  place  in  the  rural  districts 
rather  than  in  the  towns.  Nearly  one-half  the  popula- 
tion is  engaged  in  agriculture.  Emigration  is  chiefly 
to  the  United  States,  but  the  total  emigration  move- 
ment is  less  than  7000  per  year. 

There  is  no  restriction  upon  immigration  into 
Denmark,  other  than  a  certain  amount  of  police  sur- 
veillance. 

The  emigration  business  is  closely  supervised  by 
the  Government,  and  cannot  be  carried  on  without  a 
licence.  The  Danish  emigration  law  is  very  complete, 
and  is  the  outgrowth  of  thirty  years  of  legislation. 
These  laws  are  enacted  primarily  in  the  interest  of  the 
emigrant,  to  protect  him  from  unscrupulous  agents,  and 
complete  regulations  are  provided  for  forms  of  emigra- 
tion, transportation  contract,  the  sanitation  of  ships, 
and  the  provisions  and  accommodations  to  be  furnished 
the  emigrant. 

While  there  is,  as  stated,  practically  no  restriction 
upon  immigration,  the  police  supervision  of  foreign 
criminals  and  paupers  is  very  strict.    There  are  several 


282    THE  PROBLEM  OF  THE  IMMIGRANT 


local  associations  organized  for  the  purpose  of  assisting 
ex-convicts,  and  their  work  is  centred  largely  in 
deportation.  Many  ex-convicts  are  assisted  to  take 
passage  to  North  America. 

Military  service  is  compulsory,  and  any  one  leaving 
without  fulfilling  this  obligation  is  subject  to  arrest  and 
punishment  if  he  returns  to  the  country.  An  emigrant 
may  leave  without  a  passport,  and  most  of  them  do. 
Denmark  is  an  exception  to  the  other  countries  of 
Europe,  for  emigration  matters  are  here  under  the 
Department  of  Justice,  and  passports  are  granted  upon 
application  to  the  police.  A  Danish  law  of  May,  1875, 
still  in  force,  provides  for  the  deportation  of  paupers. 
It  is  the  only  law  of  its  kind  in  Europe,  and  is  here 
given  in  part. 


[Translated  from  the  Danish.) 
LAW  OF  MAY  15,  1875. 
Article  T. 

In  future  no  passport  shall  lie  required  from  a 
foreigner  entering  Denmark.  Such  requirement  may 
be  made  by  Royal  decree,  however,  upon  citizens  of 
countries  which  do  now  allow  Danes  to  enter  without  a 
passport. 

Foreign  gypsies,  musicians,  showmen,  strong  men, 
acrobats,  and  like  persons  shall  not  be  admitted  to  the 
country  for  the  purpose  of  strolling  about  to  give  ex- 
hibitions. Labourers  from  foreign  countries  arc  also 
forbidden  to  come  into  Denmark  seeking  work,  if  they 


DENMARK 


283 


are  not  authorized  through  a  document  issued  by  some 
foreign  authority. 

Article  II. 

Foreigners  who  are  not  entitled  to  parish  relief  in 
Denmark,  and  who  are  found  to  be  without  means,  also 
persons  specified  in  paragraph  2  of  Article  I.,  who  are 
forbidden  to  remain,  shall  be  sent  out  of  the  country  by 
the  police  as  soon  as  possible.  When  such  people  are 
deported,  they  shall  be  notified  of  the  penalty  for 
returning,  and  shall  be  ordered  not  to  come  back. 


Article  XIII. 

Those  who  have  not  been  naturalized,  and  who  have 
not  acquired  the  right  of  parish  relief  in  Denmark,  may 
be  sent  out  of  the  country  under  orders  from  the 
Department  of  Justice,  providing  they  have  not  been 
in  the  country  for  two  consecutive  years,  and  that  their 
behaviour  gives  reasonable  pretext  for  deportation. 


Article  XXII. 

If  any  person  violates  the  provisions  of  Article  II. 
or  XIII.,  he  may  be  sentenced  to  prison,  to  subsist  on 
bread  and  water  for  not  exceeding  six  times  five  days, 
or  to  hard  labour  for  not  exceeding  180  days. 

The  above  law  gives  the  police  wide  authority  over 
all  objectionable  aliens,  and  there  is  reason  to  believe 
that  every  advantage  is  taken  of  the  provisions  of  the 


284    THE  PROBLEM  OF  THE  IMMIGRANT 


law  to  rid  the  country  of  undesirable  persons.  As  the 
police  regulations  of  Germany  are  very  strict  in  regard 
to  the  exclusion  of  objectionable  characters,  it  is  evident 
that  Denmark  must  assist  most  of  these  deported  people 
to  go  to  other  countries,  presumably  to  England  or  to 
North  America. 


CHAPTER  XIX 


SCANDINAVIA 

Sweden  and  Norway  have  different  laws  governing 
immigration  and  emigration,  though  they  are  practi- 
cally the  same  in  purpose  and  eflfect.  They  place 
emigration  traffic  under  the  control  of  the  Government, 
and  provide  for  the  protection  and  safety  of  emigrants 
dealing  with  transportation  companies  and  sailing  from 
Scandinavian  ports. 

Sweden. 

The  area  of  Sweden  is  172,876  square  miles,  and  the 
population  is  over  5,000,000.  The  rate  of  increase  is 
less  than  one  per  cent,  per  year.  About  one  quarter 
of  the  people  are  engaged  in  agriculture.  Emigration 
has  increased  during  recent  years,  and  nearly  25,000 
people  left  the  country  during  the  past  year.  Military 
service  is  compulsory.  Every  Swedish  subject  is  entitled 
to  receive  a  passport  on  application  to  the  police. 
Furthermore,  every  Swede  is  furnished  with  a  priest's 
certificate,  called  a  "  Priistbetyg,"  which  is  more  de- 
tailed than  a  passport,  as  all  public  records  as  to  births, 
marriages,  deaths,  etc.,  arc  kept  officially  by  the  clergy 
of  the  Established  Church,  Lutheran.  A  certificate  from 
the  priest  of  the  parish  in  which  a  Swede  is  domiciled 


286    THE  PEOBLEM  OF  THE  IMMIGRANT 

is  complete  and  reliable  evidence  of  identity,  as  it  states 
the  date  and  place  of  birth,  names  of  parents,  legitimacy, 
status  of  civil  rights,  and  social  position.  It  is  upon 
these  priests'  certificates  that  passports  are  issued  by  the 
police  authorities. 

Norway. 

Norway  has  an  area  of  124,130  square  miles,  and  a 
population  of  2,250,000.  The  rate  of  increase  has  been 
slight  in  recent  years.  Over  70  per  cent,  of  the  popu- 
lation are  residents  of  the  rural  districts.  Emigration 
has  been  on  the  increase  during  recent  years,  about 
25,000  Norwegians  having  left  their  native  country  last 
year.  The  Norwegian  laws  in  regard  to  passports  and 
the  control  of  emigration  are  very  similar  to  those  of 
Sweden,  such  differences  only  being  noted  as  meet  local 
requirements. 


CHAPTER  XX 


RUSSIA 

With  its  enormous  area  and  population,  immigration 
and  emigration  conditions  in  Russia  are  matters  of 
locality,  and  cannot  be  treated  from  a  national  point 
of  view.  There  is  an  enormous  movement  of  the  popu- 
lation within  the  empire,  but  of  recent  years  there  has 
been  a  marked  exodus  from  Western  Russia  to  England 
and  the  United  States.  The  number  leaving  Russia 
during  the  past  year  has  been  nearly  300,000,  as  shown 
by  statistics.  It  is  possible,  however,  that  another 
hundred  thousand  should  Ije  included  in  this  emigration, 
as  thousands  of  Russians  have  crossed  the  border  into 
neighbouring  European  countries,  to  escape  military 
service  incident  to  the  Russo-Japanese  War.  A  single 
instance  will  suffice  to  show  how  general  this  exodus 
has  been,  in  that  it  is  known  to  the  Russian  Government 
that  at  least  3000  young  and  able-bodied  Russians, 
subject  to  military  call,  came  to  the  city  of  Vienna, 
Austria,  during  the  summer  of  1!)04. 

Nearly  all  the  Russian  emigrants  to  England  and 
the  United  States  are  of  the  Jewish  faith,  and  leave 
Russia  because  of  conditions  unfavourable  to  their 
happiness  and  prosperity.  The  Russian  laws  and  police 
regulations  governing  immigration  and  emigration  are 
exceedingly  strict.     No  foreigner  can   enter  Russia 


288    THE  PROBLEM  OF  THE  IMMIGRANT 


without  a  passport  vised  by  a  Russian  official  stationed 
abroad,  and  all  strangers  are  closely  watched  by  the 
Russian  police.  An  equal  or  even  stricter  surveillance 
is  maintained  over  the  native  population.  The  business 
of  emigration  is  under  the  direction  and  supervision  of 
the  Ministry  of  the  Interior,  and  the  inciting  of  emi- 
gration is  prevented  in  every  possible  way.  No  Russian 
citizen  can  lawfully  leave  the  country  without  a  pass- 
port and  permission  from  the  police.  These  are  only 
secured  with  great  difficulty,  after  long  delays  and 
at  considerable  expense.  Military  service  is  com- 
pulsory, and  it  is  not  easy  to  secure  the  permit 
necessary  to  lawfully  cross  the  border.  Thousands  of 
Russians  leave  Russia,  however,  without  form  or 
ceremony,  and  the  laws  in  regard  to  passports  for 
departures  are  notoriously  evaded.  Agents  conduct 
a  well-organized,  though  secret,  business  in  piloting 
emigrants  across  the  frontier,  whose  departure  would 
not  be  allowed  if  the  Government  had  its  way. 

A  Government  commission  was  appointed  in  England 
two  years  ago  to  investigate  the  conditions  in  Russia 
which  led  to  the  large  emigration  in  progress  to  England 
and  the  United  States  from  the  provinces  where  the 
Jews  predominate.  Information  thus  secured  brought 
about  a  better  understanding  of  the  conditions  which 
govern  this  movement  of  population.  The  Jews  of 
Kussia  number  about  5,000,000,  and  most  of  them  live 
within  what  is  called  the  Jewish  Pale.  Within  the 
Jewish  territory  must  also  be  included  Poland,  the 
combined  population  of  these  two  districts  being  some- 
thing over  40,000,000.  Under  normal  conditions  this 
territory  would  support  this  population  in  comfort  and 
furnish  adequate  employment  to  all  in  the  development 
of  its  resources;  but  the  conditions  are  far  from  normal. 


RUSSIA 


289 


What  are  called  the  "May  Laws  "  of  1882,  enacted 
by  the  Russian  Government,  provided  that  only  those 
Jews  who  had  complied  with  certain  requirements  and 
thus  established  a  legal  right  of  residence  prior  to  that 
year,  should  be  allowed  to  live  in  the  rural  districts. 
All  other  Jews  were  driven  into  the  towns. 

This  led  not  only  to  a  congestion  of  population,  but 
of  all  employments  as  well ;  and  as  the  Russian  laws 
still  further  limit  the  outlet  for  Jewish  activity,  life 
became  most  sadly  burdensome  for  these  people.  No 
employment  paid  for  directly  or  indirectly  by  the 
Government  is  open  to  the  Jew,  nor  can  he  obtain  any 
work  from  the  municipality  in  which  he  resides.  The 
Government  also  endeavour  to  prevent  the  Jew  from 
obtaining  work  upon  any  enterprise  over  which  there  is 
Government  supervision.  They  are  rigidly  excluded 
from  railway  positions,  even  the  humblest,  and  in  these 
and  a  thousand  other  ways  they  are  made  to  feel  the 
opprobrium  of  their  descent  and  religion. 

Overwhelming  competition  to  obtain  a  living  resulted 
from  these  conditions.  The  population  of  the  cities 
increased  enormously,  and  in  these  congested  centres 
began  a  fierce  struggle  for  existence.  Of  course,  all  the 
Jews  in  Russia  are  not  poor  or  persecuted.  The  occupa- 
tions of  merchants  or  traders  are  open  to  them,  and  hardly 
a  transaction  can  be  brought  about  in  which  a  Jew  does 
not  take  part.  The  reason  assigned  by  the  Govern- 
ment for  the  enactment  of  the  "  May  Laws  "  was  the 
charge  that  the  Jews  were  oppressing  the  Russian 
peasantry  in  the  transaction  of  business.  That  they 
did  have  control  of  the  commerce  of  the  country  is 
pro})ably  true.  That  they  took  advantage  of  this 
control  may  be  possible.  However  just  these  charges 
may  be,  there  is  no  question  as  to  the  efiect  of  the 

U 


290    THE  PROBLEM  OF  THE  IMMIGRANT 


existing  laws  and  regulations  upon  the  population  of 
that  country  and  indirectly  upon  England  and  the 
United  States,  for  they  are  the  cause  of  a  very  large 
part  of  the  emigration. 

There  is  no  such  wide  agitation  for  the  repeal  of 
these  laws  as  might  be  expected,  for  the  Jews  who 
proved  their  right  to  remain  in  the  country  villages 
throughout  the  Jewish  Pale  and  Poland,  thus  secured  a 
monopoly  of  trade  extending  from  large  enterprises 
down  to  the  village  shops,  and  naturally  those  on  the 
ground  are  well  satisfied  that  the  Government  should 
restrict  competition  even  from  their  own  countrymen 
and  corelioiouists.    The  better  class  of  Jewish  emisfrants 

O  O 

are  often  inspired  to  move  through  the  desire  of  obtain- 
ing: educational  facilities  for  their  children.  Jewish 
children  in  Russia  are  practically  excluded  from  the 
schools,  and  even  when  Jewish  communities  oroanize 
schools  of  their  own  it  is  difficult  to  secure  the  consent 
of  the  Government  for  their  operation. 

As  a  rule,  the  first  move  a  Jewish  emigrant  makes 
is  to  England.  He  may  pass  directly  across  Great 
Britain  en  route  to  the  United  States,  or  he  may  find  it 
necessary  or  advisable  to  rest  awhile  in  London  and 
prepare  himself  more  eff'ectually  to  run  the  gauntlet  of 
the  American  immigration  law.  It  is  usually  this  class 
of  Russian  Jews  which  goes  to  England,  for  many  of 
those  who  are  physically  and  financially  fit  sail  direct 
to  the  United  States  from  the  German  ports.  The 
very  large  Jewish  community  in  London,  already  reach- 
ing a  size  viewed  with  alarm  by  the  people  of  that  city, 
maintains  institutions  for  the  care  and  education  of 
emigrants  who  need  "  reconstruction  "  before  proceeding 
across  the  Atlantic.  Inevitably,  however,  a  large  number 
fail  to  get  any  further,  and,  if  deficient  or  unfortunate, 


RUSSIA 


291 


or  even  criminal,  thus  become  permanent  and  undesir- 
able additions  to  the  population  of  England. 

At  the  present  time  there  is  little  prospect  of 
immediate  change  in  the  conditions  which  are  causinof 
the  large  Russian  emigration,  and,  stimulated  also  by 
the  desire  to  escape  military  service,  immigration  into 
other  countries  from  Russia  will  probably  continue  at 
or  even  exceed  the  present  rate  for  some  time  to  come. 
Russia  apparently  already  has  in  eflfect  all  of  the  legal 
machinery  which  can  be  invoked  to  restrain  emigration 
from  her  territory,  and  the  matter  resolves  itself  into  a 
question  of  administration.  Much  change  must  not 
be  hoped  for  until  radical  reforms  are  inaugurated  in 
Russia's  domestic  policies  and  peace  again  prevails  in 
the  relations  of  that  country  with  foreign  Powers. 


INDEX 


AUSTRIA-HUNG-VBY, 

two  separate  countries,  245 
Austria,  246 

area  and  population,  246 

economic  conditions,  247 

proposed  emigration  law,  247 
Hungary,  249 

economic  conditions,  249 

causes  of  emigration,  250 

emigration  law,  252 

Belgium, 

area  and  population,  156 

attitude  of  Goverament  towards  emigi'ation,  157 
laws  and  regulations  governing  emigi-ant  traffic,  158 

British  Colonies, 
Canada,  59 

area  and  population,  59 

immigration  law,  60-62 
Australia,  62 

area  and  population,  62 

immigration  law,  63^71 
New  Zealand,  72 

area  and  population,  72 

immigration  law,  72-76 
Cape  Colony,  76 
Natal,  77 

Southern  Rhodesia,  79 

Transvaal  and  Orange  River  Colony,  79 

Denmark, 

area  and  population,  281 
emigration  restrictions,  281 
pauper  deportation,  282,  283 


294 


INDEX 


Emigration  from  Europe,  annual,  1 
„  „       „     sources  of,  1 

„  „        „      destination  of,  2,  3 

„  „        „      changing  character,  3 

„        an  international  affair,  5 
„        artificially  stimulated,  10 
„        future  prospects  of,  15 
Emigrants,  diseases  of,  16 
Emigration,  dangers  of  wholesale,  25 

France, 

area  and  population,  143 

trans-French  emigrant  traEBc,  143 

attitude  towards  emigi-atiou,  145 

law  governing  emigrant  movement,  151-155 

Germ.vny, 

area  and  population,  207 
immigration  regulations,  207 
emigration  movement,  208 
trans-German  traffic,  209 
emigration  laws,  213 

Inteknatioxal  conference  proposed,  19 

Italy, 

area  and  population,  234 
reasons  for  emigration  movement,  235 
economic  hardships,  237 
emigration  law  of  1901  ..238 

Netherlands, 

area  and  population,  279 
emigration  restrictions,  279, 280 

Portugal, 

area  and  population,  277 
emigration  restrictions,  277,  278 

Russia, 

economic  and  political  condition,  287-289 
emigration  restrictions,  288 
emigration  movement,  290,  291 

Scandinavia, 
Sweden,  285 

area  and  population,  285 
identification  of  citizens,  285 
emigi-ation  restrictions,  285,  28G 
Norway,  28G 


INDEX 


295 


Spain, 

area  and  population,  273 
emigration  restrictions,  274,  275 

Switzerland, 

area  and  population,  177 
immigration,  177 
trans-Swiss  emigrant  traffic,  177 
identification  of  the  citizen,  178 
law  governing  emigrant  traffic,  179 

United  Kingdom, 

area  and  population,  41 

emigration  from,  41 

immigration  into,  41 

money  taken  away  by  emigrants,  43 

England  a  dumping-ground,  43,  44 

proposed  Aliens  Bill,  49 

United  States, 

area  and  population,  80 
alien  contract  labour,  90-94 
aliens  in  transit,  99,  100 

„    mentally  deficient,  104,  105 

„    inadmissible,  87-89 

„    who  become  public  charges,  101,  102 
anarchists,  103 

Boards  of  Special  Inquiry,  128-130 

Commissioner-General  of  Immigration,  130, 131 

commissioners  of  immigration,  124-127 

deportation  of  aliens,  113-115 

diseased  aliens,  96-99 

examination  of  aliens,  107-113 

exceptions  to  the  law,  99 

head-tax  on  aliens,  82-86 

immigration  into,  80,  81 

immigration  officers,  120-124 

maintenance  of  aliens,  116-119 

manifests  of  aliens,  105-107 

oftences  and  penalties,  134-140 

prostitutes  and  procurers,  104 


THE  END 


PKINIED  BY 
WILLIAM  CLOWES  AND  SONS,  LIMITED, 
LONDON  AND  BECCLES. 


DATE  DUE 


t 

J 

DEMCO  38-297 

